Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the Vintage Hamilton Watch Forum (www.vintagehamilton.com) Web site (the "Site"). Failure to adhere to your responsibilities under this Agreement will result in termination of your account and/or may expose you to liability. The Site is owned by Mark Cardelucci (collectively with the Site, the "Hamilton Forum", "us" or "we").
Acceptance of Terms
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at the Hamilton Forum believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
How To Contact Us
Please forward any comments or questions to firstname.lastname@example.org.
Your Use of Materials
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. VINTAGEHAMILTON.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN VINTAGEHAMILTON.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HAMILTON FORUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HAMILTON FORUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HAMILTON FORUM'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HAMILTON FORUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN VINTAGEHAMILTON.COM OR ANY SITES LINKED TO VINTAGEHAMILTON.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE HAMILTON FORUM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON VINTAGEHAMILTON.COM WILL NOT INFINGE THE RIGHTS OF OTHERS AND THE HAMILTON FORUM ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF VINTAGEHAMILTON.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
THE HAMILTON FORUM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, VINTAGEHAMILTON.COM OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON VINTAGEHAMILTON.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE HAMILTON FORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT THE HAMILTON FORUM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE HAMILTON FORUM OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. THE HAMILTON FORUM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF THE HAMILTON FORUM. THE HAMILTON FORUM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Postings and E-mail Communications
The Hamilton Forum is interested in hearing from you regarding your questions or comments about our Site. Please know, however, that any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by the Hamilton Forum) or privately transmitted on or through this Site are the sole responsibility of the sender, not the Hamilton Forum, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at the Hamilton Forum require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
- banners, and/or soliciting goods or services) except as specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
- copies any other pages or images on this Site except with appropriate authority;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
- contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by the Hamilton Forum anywhere on this Site (e.g., on any web space made available for your use).
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). The Hamilton Forum shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Hamilton Forum considers insecure, the Hamilton Forum will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, the Hamilton Forum reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
The Hamilton Forum reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
The Hamilton Forum makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
You agree to indemnify and hold harmless the Hamilton Forum and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Hamilton Forum's servers, and/or from any and all use of your account.
The Hamilton Forum's Use of Content
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Hamilton Forum, and you acknowledge that (whether or not such sites are affiliated in any way with the Hamilton Forum) the Hamilton Forum is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Hamilton Forum or any association with its operators.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at the Hamilton Forum want to hear from you. Please forward the following information in writing to us at the address listed below.
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf;
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Hamilton Forum
The Hamilton Forum seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.