Terms and Conditions
DRIVE THRU HISTORY ADVENTURES
TERMS AND CONDITIONS
BY USING DRIVETHRUHISTORYADVENTURES.COM AND DRIVETHRUHISTORYADVENTURES.TV, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS SPECIFIED BELOW.
The terms “we,” “us,” and “our” refer to Dave Stotts and ColdWater Media, Inc., producers of the “Drive Thru History” video content and Site curriculum. “We,” “us,” and “our” also extends to all officers, directors, employees, and agents of Dave Stotts and ColdWater Media, Inc. The term the “Site” refers to each of DriveThruHistoryAdventures.com and DriveThruHistoryAdventures.TV (collectively, the Sites). The overall service offered through both Sites is sometimes referred to as “Drive Thru History Adventures.” The terms “user,” “you,” and “your” refer to subscribers, visitors, customers, members, and any other users of Drive Thru History Adventures and the Sites.
Drive Thru History Adventures is a membership website containing online videos, courses, resources, communities, and other content related to history education (“Service”). Use of the Service, including all videos, curriculum, and materials presented herein and all online tools, communities, and resources engaged directly or indirectly as a result, are subject to the following Terms and Conditions. These Terms and Conditions apply to all Site subscribers, visitors, customers, and all other users. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. Parties agree that the Service is in the nature of education. The scope of content and services provided by us are limited to those offered and displayed on the Sites. We reserve the right to substitute content and services equal to or comparable to those currently listed if the need arises, without prior notice.
USE OF THE SITES AND SERVICE
To subscribe to the Sites and Service, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 may use the Sites and Service under the guidance and supervision of the authorized subscriber. Information provided on the Sites and in the Service may include historical and biblical controversies and are subject to change. We make no representation or warranty that the information provided, regardless of its source (“Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
CREATING AN ACCOUNT
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Sites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and Service for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Sites and Service are offered subject to our acceptance of your subscription and usage. We reserve the right to refuse service to any subscription, person or entity, without the obligation to assign reason for doing so. No subscription is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Sites or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm your subscription and provide details concerning payment and usage. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF SERVICE
Once confirmed, we will provide you access to the Sites and Service. You agree and understand that access to the Sites and Service may at times be influenced and affected by third parties that we use to provide them (video streaming, web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against us when there are reasonable delays in the access of the Sites and Service. We reserve the right to terminate the Service, and/or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice, but is not required to do so under these Terms and Conditions. If for any reason, we should dissolve or cease to exist, then your access to the Service terminates.
CANCELLATIONS AND REFUNDS
We offer a 30-day refund policy should you be unhappy with the Sites or Service for any reason whatsoever. To apply for a refund please contact support at DriveThruHistoryAdventures.com/contact or email email@example.com. You may cancel a subscription at any time, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 30 days of your membership). Once you cancel, you will no longer have access to the Sites or Service, including all content and community resources, after your current membership period is completed. The 30-day refund period only applies to your first subscription and can’t be used more than once.
We attempt to describe and display the Sites and Service as accurately and effectively as possible. While we try to be clear in explaining the Service, please do not expect the Sites to be entirely accurate, current, or error-free. From time to time, we may correct errors in information and functionality. We reserve the right to refuse or cancel any subscription that was generated from an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITES
You shall not upload, post or otherwise make available on the Sites any artwork, photos, or other materials (collectively, the “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, including the chats and communities, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. As a feature of the Service, we may provide access to a community, chat room, or social media platform in conjunction with the Service. We are not required to provide a community platform, and have complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service. You agree that your use of these community, chat, and social media platforms is a privilege and we may limit or deny access to these platforms for misconduct that includes, but is not limited to, being inappropriate, rude, violent, or threatening. We will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community, chat, or social media platform. We are not required to provide notice, and reserve all rights to take immediate and appropriate action to protect the Drive Thru History Adventures brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the Materials you supply to Drive Thru History Adventures. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Service. Content you submit to Drive Thru History Adventures remains yours to the extent that you have any legal claims therein. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Materials on the Sites, you grant us a worldwide, nonexclusive, irrevocable license to use the Materials for promotional, business development, and marketing purposes. You consent to recordings being made of calls, chats or community resource sessions provided as part of the Service. You consent to your name, words, voice, and likeness being used by us for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Sites and Service contain intellectual property owned by ColdWater Media, Inc., including trademarks, copyrights, proprietary information, and other intellectual property. Our copyrighted and original materials are provided to you as part of the Service for your individual/family use only pursuant to a single-user license. All intellectual property, including our copyrighted materials shall remain the sole property of ColdWater Media, Inc. No license to sell or distribute our materials is granted or implied. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We respect the privacy of our subscribers and visitors, including all those who respond to surveys, add comments, post images, and receive emails. It is our policy:
(i) To respect the purpose for which subscribers and visitors give us information and to protect that information on their behalf.
(ii) To not sell or rent contact information to third parties for purposes of email marketing. Although we reserve the right to sell advertising in our own emails to other companies.
(iii) To send email communications only to those who request them. Sometimes people subscribe for their friends, and while this cannot be prevented, every one of our emails explains how to be removed from future communications.
Special Landing Pages, Tracking Pixels & Cookies: We may collect non-personally identifiable information through the use of landing pages, tracking pixels, and cookies. A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and, in combination with a cookie, allows for the collection of information regarding the use of the web page that contains the tracking pixel. We may use tracking pixels to tell when an advertisement, affiliate link, or social media post have been clicked on or otherwise engaged.
We may amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Sites. Any use of the Sites or Service by you after notification means you accept these amendments. We reserve the right to update any portion of our Sites and Service, including these Terms and Conditions, at any time. We will post the most recent version to the Sites and list the effective date.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICE. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED YOUR TOTAL PURCHASE PRICE FOR THE SERVICE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, OUR CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $99.00.
THIRD PARTY RESOURCES
The Sites and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Drive Thru History Adventures. You acknowledge sole responsibility for and assume all risk arising from you and your family’s use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and us pertaining to the Sites and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any provision of these Terms and Conditions by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows: ColdWater Media, Inc. P.O. Box 470 Palmer Lake, CO 80133
Updated: Feburary 2018