The Original Tombstone Tourist (“TOTT”) is dedicated to encouraging the growth, development and distribution of educational and entertaining content, and to hosting the full content of these pages for the public free of charge.
3. Content We Host
- You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
- Our content is for general informational purposes only: Although we host a great deal of information that pertains to biographical and historical topics, this content is presented for general informational purposes only.
4. Refraining from Certain Activities
Engaging in False Statements, Impersonation, or Fraud
- Intentionally or knowingly posting content that constitutes libel or defamation;
- With the intent to deceive, posting content that is false or inaccurate;
- Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
- Engaging in fraud.
- Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.
Misusing Our Services for Other Illegal Purposes
- Using the services in a manner that is inconsistent with applicable law.
Engaging in Disruptive and Illegal Misuse of Facilities
- Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
- Disrupting the services by placing an undue burden on the website or the networks or servers connected with the website;
- Disrupting the services by inundating any of the websites with communications or other traffic that suggests no serious intent to use the website for its stated purpose;
- Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
- such actions do not unduly abuse or disrupt our technical systems or networks;
- such actions are not for personal gain (except for credit for your work);
- you do not undertake such actions with malicious or destructive intent.
5. Password Security
You are responsible for safeguarding your own password and should never disclose it to any third party.
For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work).
If you are the owner of content that is being improperly used on one of the webpages without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at issues thetombstonetourist.com.org.
7. Third-party Websites and Resources
You are solely responsible for your use of any third-party websites or resources. Although the website contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
8. Disputes and Jurisdiction
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At TOTT, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.
10. Limitation on Liability
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The Original Tombstone Tourist will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed two hundred fifty U.S. dollars (USD 250.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
12. Other Terms
You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to TOTT.
In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.