Effective Date: August 11, 2026
IMPORTANT – PLEASE READ CAREFULLY. By downloading, installing, or using any Histoury Inc. mobile application, website, or related service (collectively, the “Service”), you agree to be legally bound by these Terms of Service (the “Terms”) and the Histoury Privacy Policy, which is incorporated herein by reference. If you do not accept these Terms, do not access or use the Service.
Summary
1. SCOPE & ACCEPTANCE
1.1 These Terms constitute a binding contract between you and Histoury Incorporated, a Texas corporation with its principal office at 8275 Milroy Ln, Dallas, TX 75231 USA (“Histoury,” “we,” or “us”).
1.2 Eligibility. The Service is offered only to individuals who (i) are at least the age of majority in their place of residence or (ii) have the express consent of a parent or legal guardian.
2. ACCOUNTS & SECURITY
2.1 Registration. Most features require an account (“Account”). You must provide accurate, current information and keep it updated.
2.2 Credentials. You are solely responsible for maintaining the confidentiality of login credentials and for all activities under your Account.
2.3 Prohibited Conduct. You may NOT: (a) transfer your Account; (b) create false or third‑party Accounts; (c) use cheats, bots, or unauthorized tools; (d) disrupt or harm the Service or other users; (e) harass, defame, or engage in hate speech; (f) infringe intellectual‑property or privacy rights.
2.2. Accounts Ownership.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HISTOURY.
3. LICENSE & ACCEPTABLE USE
3.1 Grant. Subject to these Terms, Histoury grants you a personal, non‑exclusive, non‑transferable, revocable, limited license to access and use the Service for non‑commercial entertainment purposes only.
3.2 Reservation of Rights. Histoury retains all right, title, and interest in the Service, including all content, virtual items, and technology.
3.3 Use Limitations. Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Histoury deems to be in conflict with the spirit or intent of the Service or make improper use of Histoury’s support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Histoury app or any Histoury app experience.
- Modify or cause to be modified any files that are a part of the Service or any Histoury app without Histoury’s express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Histoury’s apps. This includes site ticket trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Histoury app environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Histoury, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Histoury employees, including Histoury’s customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Histoury employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Histoury app, or to obtain any information from the Service or any Histoury app using any method not expressly permitted by Histoury.
- Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any Histoury app.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.
4. VIRTUAL ITEMS & PURCHASES
4.1 Virtual Items. Histoury may offer virtual passes, coins, tickets, or other in‑app items (“Virtual Items”) for purchase with real currency. Virtual Items have no monetary value, are non‑transferable (except as expressly permitted in‑Service), and may be modified or revoked at any time.
4.2 Payment & Finality. Prices are as displayed at the point of sale. ALL SALES OF VIRTUAL ITEMS ARE FINAL AND NON‑REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4.3 Portyl Pass Duration. In the Portyl app, an On-Site Venue Pass is valid for seventy-two (72) consecutive hours beginning when the pass is activated in the App, after which it automatically expires. Virtual Tour Passes currently do not expire. Histoury reserves the right to establish or change expiration periods for Virtual Tour Passes in the future; any such change will be disclosed before it takes effect and will apply to passes purchased on or after the effective date of the change, unless otherwise required or permitted by applicable law.
5. USER CONTENT
5.1 Definition. “User Content” means any data, text, images, audio, or other materials you upload, post, or transmit via the Service.
5.2 License. You grant Histoury an irrevocable, perpetual, worldwide, royalty‑free, sublicensable license to use, reproduce, modify, adapt, distribute, publicly perform, and display your User Content for any lawful purpose related to the Service.
5.3 Responsibility. You are solely responsible for your User Content and warrant that it does not violate law or third‑party rights. Histoury may, but is not obliged to, monitor or remove User Content at its discretion.
6. UPDATES & CHANGES
6.1 Histoury may patch, update, or modify the Service at any time, which may automatically download and install without prior notice. Continued use signifies acceptance.
6.2 Histoury may amend these Terms by posting a revised version and updating the “Effective Date.” Your continued use after changes become effective constitutes acceptance.
7. SUSPENSION & TERMINATION
7.1 Histoury may, without notice, suspend or terminate your Account or access to the Service for any violation of these Terms, legal requirement, inactivity (365 days), or risk mitigation. Upon termination you forfeit access to the Account, Virtual Items, and content without compensation.
8. DISCLAIMER OF WARRANTIES
8.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. HISTOURY DOES NOT WARRANT UNINTERRUPTED OR ERROR‑FREE SERVICE.
9. LIMITATION OF LIABILITY
9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, HISTOURY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR ANY LOSS OF REVENUE, PROFITS, DATA, OR GOODWILL. HISTOURY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO HISTOURY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING HEREIN EXCLUDES LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW.
10. DISPUTE RESOLUTION & ARBITRATION (U.S. & CANADA)
10.1 Informal Resolution. Parties must attempt to resolve disputes informally for thirty (30) days after written notice (legal@histoury.com).
10.2 Mandatory Arbitration. Unresolved disputes will be settled by individual binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The U.S. Federal Arbitration Act governs this section. 10.3 No Class Actions. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS OR REPRESENTATIVE ACTION.
10.4 Mass Arbitration. If twenty‑five (25) or more similar claims are filed with coordinated counsel, AAA Mass Arbitration Supplementary Rules (bellwether procedures and global mediation) apply.
10.5 Opt‑Out. You may opt out of arbitration and class‑action waiver by sending written notice to legal‑requests@histoury.com within thirty (30) days of first use of the Service.
10.6 Exceptions. This section does not apply to claims concerning Histoury intellectual property, piracy, tortious interference, claims non‑arbitrable by law, or small‑claims court actions.
11. INTERNATIONAL DISPUTE RESOLUTION
11.1 EU/EEA consumers may use local alternative dispute resolution bodies or the EU Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).
12. GOVERNING LAW & VENUE
12.1 Residents of the United States or Canada: These Terms are governed by Texas law (excluding conflict‑of‑law rules). If a dispute is not subject to arbitration, exclusive jurisdiction and venue lie in the state and federal courts located in Dallas, Texas. 12.2 Residents elsewhere: Texas law governs, and the courts of Dallas, Texas have exclusive jurisdiction, subject to mandatory local consumer‑protection laws.
13. MISCELLANEOUS
13.1 Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
13.2 Assignment. Histoury may assign these Terms without restriction; you may not assign without Histoury’s prior written consent.
13.3 Notices. Send legal notices to Histoury Inc., Attn: Legal, 8275 Milroy Ln, Dallas, TX 75231 USA, with a copy to legal@histoury.com. Histoury may notify you via the Service, email, or other reasonable means.
13.4 No Waiver. Failure to enforce any right or provision is not a waiver of future enforcement.
13.5 Force Majeure. Histoury is not liable for delays or failures caused by events beyond its reasonable control, including acts of God, war, terrorism, labor disputes, or utility failures.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
14. Affiliate Program
14.1 Structural Changes. Histoury Incorporated operates an affiliate program that may provide monetary compensation or other incentives for promoting the App. We reserve the right to modify, adjust, or terminate payouts, commission rates, program details, or any other aspect of the affiliate program at any time. Notice of any such changes will be provided to affiliates at least thirty (30) days in advance. Continued participation after this notice period constitutes acceptance of the changes.
Full Terms of Service
The terms of this agreement (“Terms of Service”) govern the relationship between you and Histoury Incorporated, a Texas, USA company (Texas Filing # 805440018) having its registered office at 8275 Milroy Ln, Dallas, TX 75231, (hereinafter “Histoury” or “Us” or “We”) regarding your use of Histoury’s apps, store, sites and related services (the “Service”). Use of the Service is also governed by Histoury’s Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Histoury website or accessing a app, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service, and you may also be required to register an account on the Service (collectively “Account”). These Accounts include, for example, app Accounts and Histoury ID. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Histoury must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).
Histoury reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Histoury policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Histoury Privacy Policy, or any other Histoury policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Histoury policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
- You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal and app stores) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Histoury, or previously been banned from using any Histoury app.
- You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Histoury and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Histoury reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Unless you are using Histoury ID, the Service supports only one Account per app on a supported device.
Histoury ID
Histoury ID is a service that allows you to safeguard your app account and easily play the Histoury apps with your account on all of your mobile devices. In order for us to safeguard your account security and privacy, You will not be able to disconnect Histoury ID from your app account, once you sign up for Histoury ID. If you have any questions about Histoury ID, You can contact us through the support features within each Histoury app.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Histoury deems to be in conflict with the spirit or intent of the Service or make improper use of Histoury’s support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Histoury app or any Histoury app experience.
- Modify or cause to be modified any files that are a part of the Service or any Histoury app without Histoury’s express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Histoury’s apps. This includes site ticket trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Histoury app environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Histoury, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Histoury employees, including Histoury’s customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Histoury employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Histoury app, or to obtain any information from the Service or any Histoury app using any method not expressly permitted by Histoury.
- Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any Histoury app.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.
Histoury reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Histoury reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, HISTOURY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR HISTOURY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND HISTOURY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
HISTOURY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 365 DAYS.
Histoury reserves the right to stop offering and/or supporting the Service or a particular app or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, Histoury shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at https://Histoury.com/support/ informing Histoury that you wish to terminate your Account.
2. Ownership
2.1. Apps and Service
All rights, title and interest in and to the Service (including without limitation any apps, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-app chat transcripts, user profile information, recordings of apps played using a Histoury app client, and the Histoury app clients and server software) are owned by Histoury. Histoury reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its apps and the Service.
2.2. Accounts
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HISTOURY.
2.3. Virtual Content
Histoury owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Histoury apps. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Histoury app, whether earned in a app or purchased from Histoury, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Histoury app client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Histoury in accordance with its Privacy Policy.
3.1.1. Content Screening
Histoury assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Histoury reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Histoury chooses, in its sole discretion, to monitor the Service, Histoury nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Histoury cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Histoury shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Histoury may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Histoury violates these Terms of Service.
3.2.3. Your License to Histoury
You hereby grant to Histoury an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Histoury the right to authorize others to exercise any of the rights granted to Histoury under these Terms of Service. You further hereby grant to Histoury the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Histoury does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Histoury has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Histoury apps. Histoury reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Histoury to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Histoury access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual passes, coins or tickets, all for use in Histoury apps; (b) virtual in-app items, content or features; and (c) other goods or services (points a – c are jointly referred to as “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby lose the statutory right of withdrawal.
Histoury may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Histoury shall have no liability to you or any third party in the event that Histoury exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Histoury, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.
The provision of Virtual Items for use in Histoury apps is a service provided by Histoury that commences immediately upon acceptance by Histoury of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Histoury may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT HISTOURY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4.3. Portyl Pass Duration
Certain Virtual Items in the Portyl app may provide time-limited or ongoing access to digital experiences. An “On-Site Venue Pass” is valid for seventy-two (72) consecutive hours beginning at the time the pass is activated in Portyl. At the end of that 72-hour period, access provided by that pass automatically expires, regardless of whether the pass was continuously used during the period. A “Virtual Tour Pass” currently has no expiration date and remains available through the purchasing Account, subject to these Terms and continued availability of the Service. Histoury reserves the right to establish or modify expiration periods or access durations for Virtual Tour Passes in the future. Any such change will be disclosed before it takes effect and will apply to Virtual Tour Passes purchased on or after the effective date of the change, unless otherwise required or permitted by applicable law.
5. Updates to the Service
You understand that the Service is an evolving one. Histoury may require that you accept updates to the Service and to Histoury’s apps you have installed on your device or computer. You acknowledge and agree that Histoury may update the Service and Histoury apps, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Histoury apps.
6. Disclaimer of Warranties
WITHOUT LIMITING HISTOURY’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HISTOURY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HISTOURY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HISTOURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HISTOURY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HISTOURY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HISTOURY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HISTOURY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HISTOURY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HISTOURY OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HISTOURY.
You agree to indemnify, defend and hold Histoury (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution
You and Histoury agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims, arising at any time, including before we entered into this agreement. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service.
Sections 8.1 to 8.7 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.
8.1. Informal Dispute Resolution
If you have an issue that our customer support can’t resolve, you and Histoury agree to try to informally resolve any dispute directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give Histoury written notice of the dispute through legal@Histoury.com (“Dispute Notice”). In your Dispute Notice you agree to include your name, any relevant Histoury app account name(s) or Histoury ID you use, mailing address, how best to contact you, what the problem is, and how you would like Histoury to resolve the problem. If Histoury has a dispute with you, Histoury will send its Notice of Dispute to any email address you have associated with your Histoury ID or Histoury app account. All applicable statutes of limitations will be considered tolled beginning on the day a Dispute Notice is received as described herein. Except in the case of a Mass Arbitration (see below), this tolling shall end either on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier.
If your problem can’t be resolved by this informal dispute resolution process, you or Histoury may initiate an arbitration in accordance with these Terms of Service, as described below. In the case that Histoury cannot identify an email address or billing address associated with your ID or app account, this section shall not apply to Histoury, and it may immediately initiate an arbitration, as follows.
8.2. Arbitration
You and Histoury agree to resolve any disputes exclusively in final and binding individual arbitration as follows:
Either you or Histoury may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. These arbitration proceedings shall be conducted on an individual basis only, meaning the dispute is solely between you and Histoury. If you or Histoury brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a single neutral arbitrator. This means you and Histoury agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Histoury can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Histoury will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
8.3. Arbitration Process
The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decides to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Histoury will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the AAA Rules or applicable law. If either party challenges the validity of the arbitrator’s decision or award through a subsequent court case, that party will pay its own costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in Dallas, Texas, USA, in the county or province where you reside, or virtually.
8.4 Exceptions to Agreement to Arbitrate
You and Histoury agree that the informal dispute resolution process in Section 8.1 and arbitration agreement in Section 8.2 will not apply to the following disputes:
- Claims about Histoury’s intellectual property, such as claims to enforce, protect, or concerning the validity of Histoury’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
- Claims related to piracy or tortious interference.
- Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
- Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).
8.5 No Class Actions
You and Histoury agree that we can only bring claims against each other on an individual basis. That means:
- You cannot bring a claim against Histoury as a plaintiff or class member in a class, collective, or representative action.
- The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, or representative arbitration proceeding.
- The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.7, shall be void.
8.6 Mass Arbitration
If 25 or more similar arbitrable disputes (for example, your dispute against Histoury) are filed by or with the assistance of the same law firm, group of law firms, organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases,” and will be processed in accordance with AAA’s Mass Arbitration Supplementary Rules for consumer mass arbitration. You acknowledge and agree that depending on the circumstances, if you choose to file your individual claim as part of a Mass Arbitration, the resolution of your dispute may ultimately be resolved via global mediation or proceed to a court of competent jurisdiction. You or Histoury may advise the other of a belief that certain cases are Mass Arbitration Cases, and disputes over whether a case or cases meet the contractual definition of “Mass Arbitration Case” will be decided by the arbitration provider as an administrative matter.
Demands for arbitration filed with the arbitration provider as part of the Mass Arbitration shall only proceed as permitted by the process set forth in this Section. Any applicable limitations periods (including statutes of limitations) for claims asserted in a Mass Arbitration Case will be tolled from the time a valid Dispute Notice has been received until the global mediation described below is completed, or the claim is otherwise settled, withdrawn, or resolved.
Once the opposing party (e.g., Histoury, in the case of disputes against Histoury) has been notified that all or substantially all Mass Arbitration Cases have been filed with the arbitration provider, and before the “Initiation” stage of the Mass Arbitration is complete, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in the arbitration (as “bellwether” cases) to allow each side a reasonable opportunity to test the merits of its arguments. Only the Mass Arbitration Cases selected as bellwethers will proceed beyond the “Initiation” stage of the Mass Arbitration, and neither party will be required to pay per case fees for cases that are not selected. If counsel for the parties cannot agree on the number of bellwethers, each side shall select five (5) cases from among the claimants who have provided valid Dispute Notices, and only those selected cases will proceed beyond the Initiation stage of the Mass Arbitration. If counsel for the parties cannot agree on the number of bellwethers and the arbitration provider (or, in the arbitration provider’s discretion, a process arbitrator) determines that more than 10 bellwethers are warranted, the arbitration provider (or process arbitrator) may set a higher, even number of bellwethers not to exceed ten percent (10%) of the Mass Arbitration Cases or 500, whichever is lower. Again, each side will select half of any additional bellwethers.
The parties agree that a limited service neutral shall be appointed to serve in the role of a process arbitrator as described by the AAA Mass Arbitration Rules, either by the arbitration provider in its discretion, or by selection agreed by the parties. Unless the parties agree otherwise, each bellwether case should be assigned to a different arbitrator that will decide the claim(s).
Only bellwether cases will proceed in arbitration. For a case that proceeds as a bellwether, you and Histoury additionally agree that the following processes shall apply to make its resolution more efficient: A scheduling order setting forth deadlines across the bellwether cases, including deadlines for submission of documents and witness lists, completion of discovery, and filing of motions, shall be implemented. The process arbitrator or limited service neutral appointed to fill that role shall oversee administrative and procedural issues common to the cases, such as discovery, choice of law, and statute of limitations, and shall also oversee disputes regarding coordination and limitations on briefing, motions, and discovery requests across the cases to avoid duplication and burden on the parties. The parties may bring dispositive motions during these proceedings. The bellwether cases shall be heard on the documents, rather than by in-person, telephone, or videoconference hearings. Testimony via affidavit or recorded deposition shall be employed rather than requiring live witness testimony. The awards shall be in writing, executed in the form and manner required by law, and shall provide concise written reasons for the decision unless the parties agree otherwise.
Once the bellwether cases have concluded, or sooner should counsel for the parties agree, the parties will engage in a single global mediation of all remaining Mass Arbitration Cases, with Histoury paying the applicable mediation fee. Counsel for both sides must agree on a mediator within thirty (30) days after the conclusion of the final bellwether case, but if they are unable to agree on a mediator within this time the arbitration provider or process arbitrator will appoint a mediator as an administrative matter. The parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the global mediation does not yield a full resolution for all Mass Arbitration Cases, this arbitration requirement shall no longer apply to the Mass Arbitration Cases that were not resolved in bellwether cases. Such cases will not proceed in arbitration and may only proceed individually in court subject to the Applicable Law (Section 9) and Venue (Section 10) clauses of these Terms of Service. In such cases, you consent to venue exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Histoury from removing a case from state to federal court if removal is allowed under applicable law. To the extent your claim is part of the Mass Arbitration claims, you further agree to waive any objection or argument that the joinder of your claim with other Mass Arbitration claimants would be impracticable. If a formerly arbitrable dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only Mass Arbitration claimants who provided compliant Dispute Notices or filed Mass Arbitration Cases.
If this Section applies to your dispute with Histoury and if, after exhaustion of all appeals, this Section is found to be unenforceable or invalid, then the entirety of Section 8 shall be void and any dispute will be resolved in court subject to the Applicable Law (Section 9) and Venue (Section 10) clauses of these Terms of Service.
8.7 Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.6) by sending written notice of your decision to opt out to legal-requests@Histoury.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Histoury also will not be bound by them.
8.8 Alternative and Online Dispute Resolution
If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.
9. Applicable Law
If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the State of Texas, USA without regard to conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Texas without regard to conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Histoury that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in Dallas, Texas. You and Histoury consent to venue and personal jurisdiction in Dallas, Texas for all such claims or disputes.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Histoury must be resolved exclusively by a court located in Dallas, Texas.
11. Severability
You and Histoury agree that if any portion of these Terms of Service or of the Histoury Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
12. General Provisions
12.1. Assignment
Histoury may assign or delegate these Terms of Service and/or the Histoury Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Histoury’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
12.2. Supplemental Policies
Histoury may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Histoury Privacy Policy), contain the entire understanding of you and Histoury, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
12.4. No Waiver
The failure of Histoury to require or enforce strict performance by you of any provision of these Terms of Service or the Histoury Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Histoury’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Histoury of any provision, condition, or requirement of these Terms of Service or the Histoury Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Histoury shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Histoury.
12.5. Notices
We may notify you via postings in our apps, on Histoury.com, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Histoury Privacy Policy shall be in writing and addressed to: Histoury . Attn: Legal, 8275 Milroy Ln, Dallas, TX 75231, with a copy to legal@Histoury.com.
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Histoury are of a unique and irreplaceable nature, the loss of which shall irreparably harm Histoury and which cannot be replaced by monetary damages alone so that Histoury shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Histoury app, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
12.7. Force Majeure
Histoury shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Histoury, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Histoury’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

