The makeHistori Web Site is available to view for users generally subject to these Terms of Use.

One of the key features on the Web Site is the ability of registered users to upload content to the Web Site (Toris).

Toris may be uploaded online through the Web Site.

The Web Site includes functionality for the contents of Toris to be used in other web sites, profiles, blogs and other media channels. These terms of use apply to the use of the content of Toris in addition to the Web Site.

Using the Web Site and Posting Material on User Profiles

You agree not to:

Amend any aspect of the Web Site or the technology of makeHistori ;

Not to use the content of Toris or the Web Site for any commercial purpose.

You acknowledge that such limitations to the amount of Toris you may make in any period as are communicated through the Web Site shall apply to your account, including, where you subscribe to the Subscription Services or the Further Subscription Services, any limitations related to those services, as described below.

While nothing in these Terms of Use shall act as an assignment of any rights in the Toris you make to the Web Site, you acknowledge that in order to display your Toris on the Web Site makehistori.net requires that you license rights in your Toris for that use. As such, by making Toris you acknowledge that you grant a worldwide, royalty-free, non-exclusive, sub-licensable and transferable license to makehistori.net and other users of makehistori.net to use this material on the Web Site, or in any other media or in any other way as makehistori.net deems fit. Such licenses shall be terminated when you delete the Tori from the Web Site. You further acknowledge that you shall be responsible for ensuring that you work contains any credits, and for the avoidance of doubt, you hereby acknowledge that you waive any moral rights including the right to be identified as the author or creator of any Toris.

By submitting Toris you agree that makehistori.net may modify or adapt such material in order to ensure that it is suitable to appear on the Web Site.

Due to the real-time nature of the Web Site, makehistori.net cannot and is not required to review Toris, or confirm the validity of information submitted. makehistori.net hereby notifies you that it does not actively monitor the content of Toris and as such is not responsible for and gives no warranty or representation in relation to them.

Toris placed on the Web Site by users express the views of the person who posts the material. Any views or opinions contained within any Toris are not necessarily the views of makehistori.net or any entity associated with it.

While makehistori.net welcomes all Toris, it expects you to act responsibly in posting your material. In particular, makehistori.net requires that you give the following warranties, undertakings and representations in relation to any and all Toris:

That you will not use the Web Site for any unlawful purpose whatsoever;

you will only use the Web Site with sincere intent of uploading your own content or content in relation to which you have written consent to upload. You will not knowingly use the Web Site for any other purpose.

That all Toris and Comments are either your own copyright work or that you have the written consent of the owner of any copyright, database right, rights in registered or unregistered designs. Patents, rights in registered or unregistered trade marks, rights in confidential information or any other rights to reproduce or communicate that work to the public through the Web Site.

That you will not knowingly submit material to be posted on the Web Site which infringes the copyright, design right, registered design right, database right, patent, registered or unregistered trade mark or any other right of a similar nature belonging to any legal or natural person;

That the material you submit to be posted on the Web Site does not contain any words which are threatening, sexually orientated, defamatory, obscene, blasphemous or which incite racial or religious hatred. In particular, makehistori.net reserves its right to inform the appropriate authorities if any posting that appears to solicit sexual activity appears on the Web Site;

That the material that you submit to be posted on the Web Site does not advocate or encourage other users to commit any criminal, illegal or unlawful acts.

In making Toris you agree that you are responsible for their content. You agree to fully indemnify makehistori.net in the event of legal proceedings being brought against makehistori.net, in consequence to it using any Tori or allowing the use of the content of a Tori. For the avoidance of doubt, the indemnity you give to makehistori.net is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of the warranties you give in the preceding paragraphs.

makehistori.net reserves the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any Tori posted by you.

makehistori.net may, at its absolute discretion, decline to use the whole or any part of any Tori.

In the event of a Tori being a subject of concern to any user or to makehistori.net itself, makehistori.net may, at its absolute discretion, remove it in whole or part from the Web Site. Nothing in this paragraph shall act to:

Reduce or extinguish your liability to third parties who suffer loss as a result of viewing the Toris; or remove or reduce your obligation to indemnify makehistori.net in the event of legal proceedings being brought against makehistori.net, as a result of it using any Toris.

Liability

makehistori.net provides and maintains the Web Site on an 'as is' basis for personal entertainment and communication purposes only. In particular (but without limitation) the Web Site is not a storage medium for your digital content and shall not bear any responsibility for any loss of information caused by any failure of the Web Site. It is a condition of your use of the Web Site that you acknowledge and understand that it is your responsibility to make back up copies of anything you store in a Toris you wish to retain for future use.

Subject to the paragraph immediately below, nothing in these Terms shall limit the liability of makehistori.net for death or personal injury caused by information provided by it on the Web Site. For the avoidance of doubt, this clause shall not apply to information which appears on the Web Site that is provided by third parties.

The Web Site operates as a means for users to exchange information and digital media. Such Toris that appear on the Web Site are provided by third parties. While makehistori.net will endeavor to remove any and all information or material which:

is defamatory, obscene, blasphemous or incites racial or religious hatred;

infringes any intellectual property rights (including copyright, trade marks, design right, registered designs, patents and any similar rights) of any other person or organisation;

advocate or encourage users to commit criminal, illegal or unlawful acts;

causes any damage, loss or personal injury (including death),

makehistori.net cannot and does not give any warranties in connection with such information. To the maximum extent permitted by law, makehistori.net excludes liability for any and all representations, warranties and conditions.

If you find any material that you believe comes into the categories listed in the paragraph above, please notify makehistori.net by email to info@makehistori.com. In order to raise any such objections you will need to clearly identify the content in relation to which you are complaining so that makehistori.net can easily find it and also give us full details of the basis of your complaint, including such further details as makehistori.net may request. Upon receipt of such an email, makehistori.net shall be entitled to remove such material if it, in its sole discretion, is of the opinion that such material should be removed.

makehistori.net will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.

makehistori.net shall have no liability in respect of any other Web Site or page on the internet accessible from makehistori.net.

Copyright and Trade Marks

The copyright, design right, database right and all other rights of a similar nature in the content providedby makehistori.net on all of the pages in the Web Site are owned by makehistori.net, or licensed to makehistori.net unless otherwise specified, including in the design, layout, text, look and feel and photographs on this site.

The name makehistori.net is a trade name and trade mark of Caesium Ltd.

Copyright works, designs, patent rights, databases and trade marks of makehistori.net may not be used, replicated modified or adapted without the express consent of Caesium Ltd. In particular you may not use any photographs, articles or other content on the Web Site without our express prior permission and without acknowledging the rights of makehistori.net and naming the Web Site as the source.

Copyright works, designs, patent rights, databases and trade marks of any other user of the Web Site, including any copyright works, designs, patent rights, databases and trade marks in any Toris, may not be used, replicated modified or adapted without the express consent of that user or the owner of those rights.

You may use the Web Site for your private and personal non-commercial use only and makehistori.net grants you a nonexclusive and nontransferable right and licence to download, access and use this site for such subject to these Terms. You may not sublicense or deal in this right without makehistori.net's prior written permission.

All other trade marks are acknowledged and makehistori.net makes no warranty or representation in respect of any other trademark.

Payment and Subscription Services

The Web Site is free to visit and view however in order to upload a greater number of Toris to the Web Site (the 'Subscription Services'), a subscription fee ('the Subscription Fees') must be paid by you.

The amount of further Toris which may be uploaded to the Web Site by users who subscribe to the Subscription Services shall be communicated to you through the Web Site.

makehistori.net may also offer further functionality in relation to the Website from time to time ('Further Subscription Services') in exchange for further subscription fees ('Further Subscription Fees').

The Further Subscription Services and applicable Further Subscription Fees shall be communicated to you through Web Site, and particular Further Subscription Fees may apply to particular Further Subscription Services in isolation as communicated to you through the Web Site.

The Subscription Fees and the Further Subscription Fees are advertised on the Web Site so that you may offer to purchase ('Order') the Subscription Services and the Further Subscription Services through the Web Site.

Payment of the Subscription Fees and the Further Subscription Fees to makehistori.net can be made by credit card etc. The Subscription Fees and Further Subscription Fees shall be as set out and as notified to you on the Web Site. From time to time it may become necessary for makehistori.net to make alterations to the prices and fees. In the event of any change to the prices or fees makehistori.net shall publish these on the Web Site and shall become effective immediately upon publication. If you are not willing to accept any increase in the Subscription Fees or the Further Subscription Fees, you shall remain entitled to cancel the Subscription Services or the Further Subscription Services.

You will not be charged for any Orders that cannot be fulfilled and where appropriate makehistori.net will use all reasonable efforts to re-credit to your account or otherwise refund any sum debited by makehistori.net on request.

All prices are quoted in pounds sterling and include V.A.T and delivery costs.

Orders are subject to these terms and conditions.

makehistori.net does not accept cash, cheque or money order.

makehistori.net may cancel any sale and not supply the Subscription Services if it is reasonable to do so and may change or discontinue the availability of items at any time at its sole discretion.

You may cancel your Order at any time up to the end of the 7th working day after the subscription facilities are made available to you, except if you have accessed, downloaded or used the Subscription Services. Once notified, makehistori.net shall, as soon as possible, re-credit your account with any sum debited by it from your credit card or use reasonable efforts to procure that the charge does not appear on your credit card bill and cancel your subscription from makehistori.net or otherwise refund such sum as is charged on request. Because the Subscription Services are available directly online, you acknowledge that you will lose your right to cancel your Order and to a refund when you begin using the Subscription Services.

General

Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).

makehistori.net may change or withdraw any part of the Web Site, or may refuse you access to the web site at any time if we consider it necessary.

makehistori.net may immediately remove, cancel or suspend access to and use of the Web Site.

makehistori.net acts as principal on its own account and not as agent for you or any other person.

In the event that any part of these Terms is held to be unenforceable, such part will at makehistori.nets option be construed as far as possible to reflect the parties intentions and the remainder of the provisions will remain in full force and effect.

The Terms that appear on the Web Site constitute the full agreement between you and makehistori.net and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.

Use of makehistori.net and these Terms are subject to the laws of England and the jurisdiction of the English Courts.

All questions, comments or enquiries should be directed by email to info@makehistori.com.

Caesium Ltd is a limited company registered in England and Wales whose registered address is at 6 Dominus Way, Meridian Business Park, Leicester, LE19 1RP.