Terms of Service

Last Updated: January 15, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the When It Was website, services, and applications (collectively, the "Service"). By creating an account, submitting content, or using our Service, you agree to these Terms and our Privacy Policy.

2. Description of Service

When It Was is an interactive historical location database that allows users to:

• Explore historical information about businesses and locations
• View historical photos and stories from the community
• Contribute content as registered contributors
• Comment on and interact with historical content
• Search and browse historical records by location and time period

2a. Platform Purpose & Scope

Historical Documentation Only

When It Was is exclusively for historical documentation and community memory preservation. This platform is NOT intended for:

• Marketing or promoting current businesses
• Advertising products or services
• Rating or reviewing current business operations
• Commercial solicitation or lead generation
• Business directory or yellow pages purposes

Appropriate Use of the Platform

✅ Encouraged Content:

• Historical facts about businesses and locations
• Personal memories and experiences that provide historical context
• Stories about "what was" (even recent history is acceptable if historical in nature)
• Photos documenting historical buildings, businesses, and community changes
• Information about business operations, ownership, and timeline
• Community heritage and cultural history

❌ Prohibited Content:

• Reviews, ratings, or recommendations of current businesses
• Promotional content, advertisements, or marketing materials
• Contact information for current businesses (phone, website, social media)
• Commercial endorsements or sponsorships
• "Check out..." or "Visit..." promotional language
• Affiliate links or referral codes

Personal Memories vs. Business Reviews

The Distinction: You may share personal historical experiences, but NOT consumer reviews of current operations.

• ✅ Allowed: "I worked at Mac's on Slade from 2015-2018. They featured live music every Friday night." (Historical memory)
• ❌ Not Allowed: "Check out the new menu at [Business] - best pizza in town!" (Marketing/review)
• ✅ Allowed: "My family had dinner here every Sunday in the 1980s. The building used to be a fire station." (Historical context)
• ❌ Not Allowed: "Don't go to [Business], terrible service and overpriced." (Current review)

3. User Accounts

Account Registration

To become a contributor, you must:

• Be at least 13 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

Account Responsibilities

You are responsible for all activity that occurs under your account. You agree to:

• Keep your password confidential
• Not share your account with others
• Use a strong, unique password
• Log out after each session on shared devices

4. User Content and Conduct

Content Ownership

You retain ownership of content you submit to When It Was (photos, stories, comments, business information). However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on our platform.

Content Guidelines

All submitted content must:

• Be accurate and truthful to the best of your knowledge
• Not violate any copyright, trademark, or intellectual property rights
• Not contain offensive, defamatory, or inappropriate material
• Be relevant to local history and the mission of our platform
• Not include personal information of others without consent
• Not contain spam, advertising, or promotional content (unless approved)

Prohibited Conduct

You agree NOT to:

• Submit false, misleading, or inaccurate historical information
• Upload photos you don't have rights to use
• Harass, bully, or threaten other users
• Use automated tools (bots, scrapers) without permission
• Attempt to hack, disrupt, or damage the Service
• Impersonate others or misrepresent your affiliation
• Violate any applicable laws or regulations

5. Content Moderation & Enforcement

Moderation Process

We review all contributor submissions before they appear publicly. We reserve the right to:

• Approve, reject, or request changes to submitted content
• Edit content for accuracy, clarity, or formatting
• Remove content that violates these Terms
• Moderate comments and community interactions

Three-Strike Enforcement Policy

We believe in education over punishment. However, to maintain platform quality and purpose, we use a progressive enforcement system:

Immediate Suspension (No Warnings)

Serious violations may result in immediate account suspension without prior warnings, including:

• Spam or automated submission attempts
• Copyright infringement or theft of others' content
• Harassment, threats, or abusive behavior
• Impersonation or identity fraud
• Intentional submission of false historical information
• Attempts to bypass moderation or exploit the system

Appeals Process

If you believe content was rejected unfairly or you received a warning in error:

• Contact administrators within 30 days of the decision
• Provide your username, submission details, and reasoning
• Include supporting documentation or sources if applicable
• Administrator decisions on appeals are final

Trust-Based User Levels

Users who consistently submit quality, guideline-compliant content earn trust levels with reduced review requirements:

• New Contributor: All submissions reviewed before publication
• Trusted Contributor: Earned through quality submissions - expedited review process
• Moderator: Community members who help review and maintain quality
• Administrator: Platform administrators with full access

6. Intellectual Property Rights

Our Property

The When It Was platform, design, logo, code, and original content are owned by us and protected by copyright, trademark, and other intellectual property laws.

Copyright Infringement

We respect intellectual property rights. If you believe content on our Service infringes your copyright, please contact us with:

• Description of the copyrighted work
• URL of the infringing content
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement under penalty of perjury that your information is accurate

7. Third-Party Services

Our Service integrates with third-party services including:

• Google Maps: Subject to Google's Terms of Service
• Google AdSense: Advertisements displayed on our site
• Supabase: Database and authentication services

Your use of these services is subject to their respective terms and policies.

8. Advertising

We display advertisements through Google AdSense. You acknowledge that:

• Ads are provided by third parties and we don't control their content
• Clicking ads is at your own risk
• We use cookies for ad personalization (see our Privacy Policy)
• You can opt out of personalized ads through Google's settings

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Historical information is completely accurate or complete
• Defects will be corrected
• The Service is free from viruses or harmful components

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WHEN IT WAS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or goodwill
• Service interruptions or data loss
• Third-party actions or content
• Any damages exceeding $100

11. Indemnification

You agree to indemnify and hold harmless When It Was from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your submitted content
• Your use of the Service
• Your violation of any rights of another party

12. Termination

We may terminate or suspend your account and access to the Service:

• For violations of these Terms
• At our discretion for any reason
• Upon your request

Upon termination, your right to use the Service ceases immediately. Content you submitted may remain on the platform.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending email notifications to registered users

Your continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Cook County, Illinois.

15. Dispute Resolution

For any disputes arising from these Terms or the Service, you agree to first contact us to attempt informal resolution. If we cannot resolve the dispute informally, you agree to binding arbitration in Illinois.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and When It Was regarding use of the Service.