Camera History Project Terms of Use

Thank you for using Camera History Project (the "Web Site") which is provided by Robert & Stephanie Lerner (the "Company"). This page states the terms and conditions (the "Terms" or the "Agreement", or the "Terms of Use") under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

1. Use of Material

The contents of this Web Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company.

The Company authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of the Company. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.

If you would like information about obtaining the Company's permission to use any of the Material on your Web site, or e-mail, please Contact Us

If you would like to link your web site to the Web Site, feel free. Do not present the link in such a way as to imply endorsement or affiliation with Camera History Project.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

2. No Warranties

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.

3. Undesirable Executable Situations

You agree, upon finding a hole, loophole, exploit, hack, or other undesirable executable situation (e.g. bug in the site, or unknown or unresolved potential problem) that you will keep the information confidential from all other peers with exception to affiliates or personnel representing The Company. In addition, you agree to dutifully attempt to notify, and provide conditions, of any situation arising from such problems and how they were generated to The Company.

4. Limitation of Liability / Disclamer of Damages

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, the Company's Privacy Policy, or other policies, your sole remedy is to discontinue use of the Web Site.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


5. Communities - General

The Web Site, among other things, contains certain discussion forums, ratings, comments, bulletin board services, chat areas, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. The Company has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING COMMUNITIES.


6. Permitted Uses

You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material. Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.
Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses. Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file that is Posted. Restrict or inhibit any other user from using and enjoying the Communities. Post multiple ratings or comments for the same item.


7. No Obligation to Monitor

The Company does not control the information delivered to the Communities, and the Company has no obligation to monitor the Communities. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion.

8. No Endorsement.

The Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.

9. Company's Rights

If the Company discovers communications which allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Web-Site are available only through the Web Site and others are available both through the Web Site and other sources, such as Usenet, over which the Company has absolutely no control.


10. Privacy

You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. The Company does not control or endorse the content, messages or information found in any Community and, therefore, the Company specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Web Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated on those pages. For more information see the Company's Privacy Policy.


11. License Grant

By posting communications on or through the Web Site, you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.


12. Copyright Infringement and Copyright Agent

Copyright Agent:
dmca-agent@camerahistoryproject.com
See Section 21 below

The Company may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.

If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide the Company's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a link or links to the infringing content; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.

13. External Linking

The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

14. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

15. Export Control

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders, Denied Persons List or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

16. General

The Company makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

17. Arbitration

This Company is headquartered in Minooka, Illinois. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Illinois. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the United States District Court for Grundy County, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of Illinois, Grundy County. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

18. Severability

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

19. Content Guidelines

The following list defines explicit categories of Material that may not be posted on the Site: Transimissions to/from the site in this fashion will be removed by the Camera History Project staff. Failure to respect this policy may also involve punishments such as account restrictions, up to and including account removal.

20. Photo and Image Uploads -- Non Submission

Camera History Project is not a file-sharing site. You're welcome to link people to your photo gallery, however using the photo gallery feature as a photo sharing site is not allowed. You MAY link to submission images via the provided systems.

Using the image upload feature as a photo sharing system may result in image deletion up to and including account deletion.

The images uploaded must abide by this agreement.

21. Digital Millenium Copyright Act Statement

If you believe that any portion of the material contained on this site infringes your copyright, notify the Company, of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to this site's Designated Agent:

Robert Lerner
via Contact Us
via e-mail

To be effective, the Notification must contain the following information: Upon receipt of the written Notification containing the information outlined above, Camera History Project will: A Counter Notification will be effective if provided to the Designated Agent, and including substantially the following: Upon receipt of a Counter Notification containing the information outlined above, the Company will: This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

22. Social Networking

You understand that the Site may track the Material by last modification date, last access date, and view count and may present this data, or an approximation thereof, to both members and guests to aid in social networking and enable users to determine the relevancy of their replies and actions.

You agree that you are at or over the age of majority in your relevant region, or are of age to view any explicit Material the Site may have, or may link to, and to accept this "Terms of Use".

23. Points, Donations and Gambling

Camera History Project contains features, such as points, that are used to establish merit on the site. While these points serve as an internal, digital currency, they have no monetary value assigned to them.

Donations to this site are non-charitable, and are used to help maintain this site, and other sites, residing on the same server, and to cover the costs associated with such service (as electricity, data, etc). When a donation is received, points are awarded to users as a "Thank You" for their support. The donation system is not a method to purchase points, and no refunds will be given if point structures are changed or our point offset changes. Donations are handled by a third party (PayPal) which may require personal information to be provided. The use of this data is governed by their terms, such as their Privacy Policy, and you should review it prior to any donations.

Camera History Project is not a gambling site, money cannot be earned from play, and money is not spent during play. Games and features on this site may have a contest nature, or gaming feel. These are just emulations and the odds are not guarenteed. All play is for entertainment purposes only.

24. Affiliation with companies, brands

We are not affiliated with any of the manufacturers that appear on this website, though we do try to work with them whenever possible to get the most accurate information for our product lines. Our collection is currently "organic", in that all cameras are sourced from various antique, thrift, or online stores and are not generally choosen beforehand. Manuals, logos, and images of boxart are believed to be non-infringing, fair use. If this is not the case, please contact us.

25. Voluntary Compliance

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