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The War Archive Website Terms of Use

Last Modified: January 2nd 2025

We provide our Services to you under these terms and subject to these conditions (“Terms”). Please read these terms of use carefully before you use our services or interact with our website. These terms of use tell you who we are, how we will provide our services, and what to do if you have any concerns or problems interacting with our websites and/or services.


Acceptance of Terms

The following terms and conditions, the Privacy Policy, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of thewararchive.org, including any content, functionality, and services offered on or through thewararchive.org (the "Website"), whether as a guest or a registered user. These terms of use create a valid and binding contract between you and The War Archive Foundation, a Delaware nonprofit corporation recognized as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 ("The War Archive," "Company," "we," or "us"). By using our website or services, you expressly agree to be bound by these terms of use. If you do not want to agree to these Terms of Use, you must not access or use the Website.


This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and guarantee that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. You must not access or use the Website if you do not meet these requirements


Definition of Terms

  • "The War Archive" refers to The War Archive, its affiliates, and its agents.
  • "Platform" refers to The War Archive's website, mobile app, and any other digital platforms owned or operated by The War Archive.
  • "Content" refers to all text, images, videos, audio files, and other materials available on the Platform.
  • "User" refers to you, the individual, and the relevant person, company, or legal entity accessing or using the Platform.

Changes to Terms of Use

We may occasionally revise and update these Terms of Use at our sole discretion. All changes are effective immediately after we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.


Your continued use of the Website following the revised Terms of Use means you accept and agree to the changes. You are expected to check this page each time you access this Website to be aware of any changes, as they are binding on you.


Qualification as to Services

The War Archive provides users access to a vast collection of historical documents, archives, and primary source materials pertaining to the Nigeria-Biafra War. The War Archive may also provide users with educational articles, essays, curated content, and cognate research programs, projects, and services to foster a deeper understanding of the historical context and impact of the Nigerian-Biafran War (“Services”). These documents, materials, and content will be available through our digital platform, and users can access and view them online. Our Content is provided for only informational, educational, and historical purposes. We reserve the right to modify, update, or discontinue any aspect of the Services at any time without prior notice. This may include altering available content, restricting access, or terminating certain features or services.


Accuracy and User Responsibility

While we strive for accuracy and authenticity, we make no guarantees regarding our Content's completeness, reliability, or current relevance. Users should independently verify any information they rely on for scholarly or other purposes. Users agree not to misrepresent, distort, or alter the content provided through our Services, use the Services in a manner that violates applicable laws or regulations, or reproduce, distribute, or publish our Content without prior written permission, except as permitted under applicable fair use principles.


Third-Party Materials

We may provide access to content, materials, or resources sourced from third-party providers, such as historical archives, government records, academic publications, independent researchers, or other external contributors (“Third-Party Materials”). These materials are made available to enhance the educational and informational value of our Services. Any Third-Party Materials provided through our Services are the intellectual property of their respective owners or creators and are used under license, public domain provisions, or applicable fair use guidelines. Proper attribution is provided where required or appropriate. We do not claim ownership of these materials unless explicitly stated. While we strive to provide accurate and reliable Third-Party Materials, we do not warrant or guarantee such materials' completeness, authenticity, or accuracy.


Users are encouraged to independently verify the information and consult primary sources when necessary. Users must respect the intellectual property rights and restrictions associated with Third-Party Materials. Unless expressly permitted:

  • Users may not reproduce, distribute, or publicly display Third-Party Materials without the consent of the rights holder.
  • Any use of Third-Party Materials must comply with applicable copyright, trademark, and other intellectual property laws.

We may provide links or references to third-party websites, platforms, or resources. These links are provided for convenience and informational purposes only. We do not endorse, control, or assume responsibility for any third-party websites' content, policies, or practices. We are not liable for any damage, losses, or consequences arising from the use or reliance on Third-Party Materials, including but not limited to errors, omissions, or inaccuracies in the content provided by third parties. We reserve the right to modify or remove access to any Third-Party Materials within our Services at any time for any reason, including but not limited to legal compliance, copyright concerns, or the material's relevance to our mission.


User Content and Materials

We may, from time to time, invite users to submit, upload, or share content, including but not limited to archives, documents, comments, reviews, historical accounts, photographs, documents, or other materials (“User Content”). By submitting User Content, you represent and warrant that you own or have the necessary rights, licenses, or permissions to share such content with us and that it does not violate any laws, regulations, or the rights of any third party. You further grant The War Archive Foundation a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, display, publish, adapt, and create derivative works of the User Content in any format or medium for purposes consistent with our nonprofit mission, including but not limited to educational materials, historical research, public exhibits, and promotional activities. You agree not to submit User Content that:

  • contains false, misleading, or inaccurate information.
  • violates the intellectual property, privacy, or publicity rights of others.
  • includes offensive, discriminatory, or hateful language or imagery.
  • promotes illegal activities or violates applicable laws or regulations.
  • is unrelated to the historical and educational objectives of the services.

We reserve the right, but are not obligated, to review, edit, or remove User Content at our sole discretion if it violates these Terms of Use, applicable laws, or our organizational mission. Users acknowledge that we may take such actions without prior notice. User Content represents the views and opinions of the individual users and does not reflect the views, opinions, or positions of the Company. We are not responsible for verifying the accuracy or authenticity of User Content, and we disclaim all liability for User Content submitted, shared, or otherwise made available through our Services. We are not responsible for errors, omissions, or inaccuracies in User Content, any harm, damages, or losses arising from the use of or reliance on User Content, or the legality, reliability, or appropriateness of any User Content.


Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other Know-Your-Customer (KYC) information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Intellectual Property Rights

The Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@akukobiafra.com.


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


Trademarks

“The War Archive Foundation,” “The War Archive,” the term “The War Archive,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For any commercial purpose without the authorization of the Company or other purposes that are not expressly permitted by this Terms or in a manner that falsely implies our endorsement, partnership, or otherwise misleads others as to your affiliation with us.
  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Website.

Reliance on Information

The information presented on or through the Website is made available solely for general information purposes. We do not guarantee this information's accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its Contents.


Changes to Website

We may update the content on this Website occasionally, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


Information about you and your visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.


This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content or links to certain content on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking or on which you make certain content accessible must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and links at any time without notice at our discretion.


Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.


Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.


Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.


Arbitration

Any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall first be subject to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware State law.


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement

The Terms of Use, Privacy Policy, Terms of Service, and [LIST OTHER RELEVANT DOCUMENTS OR POLICIES] constitute the sole and entire agreement between you and The War Archive regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.


Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@akukobiafra.com.