Last updated: May 13, 2011 6:36:18 PM
OhInternet Sites and OhInternet Services consist of an online open-content collaborative encyclopedia, blogs, forums, comments, videos, images, IRC chat rooms, e-commerce and other functionalities that is, a voluntary association of individuals and groups working to develop a common resource of internet culture. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields.
This agreement applies to all services and protocols on the OhInternet networks, including but not limited to: email, websites, internet relay chat, newsletters, internal intranet sites, forums, blogs, commenting systems and all third party systems included in and utilised through OhInternet Sites and Services.
The words "use" or "using" in this Agreement, means any time a Member or other user, directly or indirectly, with or without the aid of a machine or Device, does or attempts to access, interact with, use, display, view, print or copy from OhInternet Sites and Services or any services owned by us, transmit, receive or exchange data or communicate with OhInternet Sites and Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of OhInternet Sites and Services, for any purpose whatsoever.
We reserve the right, at our sole discretion, to change portions of this Agreement at any time without further notice. If we do this, we may post or display notice of material changes on OhInternet Sites and Services and/or contact you; the form of notice is at our discretion. Once we provide notice, the changes become effective immediately and your continued use will signify your agreement to be bound by the changes. If you do not agree to this or any future Agreement, you may not use OhInternet Sites and Services.
OhInternet Sites and Services are offered and made available only to users 13 years or older and certain features (including, but not limited to, registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are between 13 and 17 or under the age of majority where you live, before you use OhInternet Sites and Services please review this Agreement with your parents or guardians. Until you reach the age of majority where you live, you certify that your parents or guardians have consented to your use, they have agreed to this Agreement on your behalf, and you agree to provide them with your current registration e-mail address and password at all times. You understand that your parents or guardians may ask us to modify or terminate your use or access, and we may do so at their request or for any other reason, at any time, without notice or responsibility to anyone. By your use, you certify that you are at least 13 years of age or the required greater age for certain features and meet any other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features and/or do not meet other eligibility requirements, please discontinue using OhInternet Sites and Services immediately and do not send any information about yourself. If we discover that a user under age 13 has provided us with Personal Information (defined below), we will delete it.
REGISTRATION AND SECURITY
To register with OhInternet , you must provide a valid e-mail address and password (together, your "User ID" or "username"), as well as certain other information. You may provide only true, complete and current information about you. Your User ID gives you access to your OhInternet account and OhInternet -powered features of OhInternet Services that you use. You may not allow anyone else to access or use your OhInternet account or User ID. You are responsible for all activities that occur under your OhInternet account or User ID. If you are between 13 and 17 or under the age of majority where you live, you must provide your parents or legal guardians with your current User ID at all times. You may not disclose your User ID to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your OhInternet account or User ID, or any other security concern. You may not sell, assign or transfer your OhInternet account or User ID. OhInternet
When you join an OhInternet site or service, you must select a display name, which will be displayed next to your profile picture within the site or service. We reserve the right, in our sole discretion, to modify or delete your display name and/or User account at any time, without notice or responsibility to anyone.
PROPRIETARY RIGHTS IN OHINTERNET; LIMITED LICENSE
OhInternet Sites and Services and associated OhInternet logos, designs, graphics, icons and service names are registered marks, marks or trade dress of us and/or the Parent Companies in the United States and/or other countries, and may not be used without the express consent of us
OhInternet and OhInternet Sites and OhInternet Services, including, but not limited to, software, applications, databases, information, organization, text, graphics, look and feel, advertising copy and other intellectual property, are the proprietary property of us or our licensors, with all rights reserved. Provided that you meet our eligibility requirements and comply with this Agreement, we grant you a limited license to access and use OhInternet and OhInternet Sites. This limited license is non-exclusive, for your personal non-commercial use only, non-sublicensable, non-transferable and revocable at any time without notice for any reason. Except as expressly granted in this Agreement, you may not upload, download, display, distribute, copy, modify, create derivative works from, store, sell, transfer or use OhInternet or OhInternet Sites, or allow others to do so without our express consent. You must abide by, and not remove or interfere with, any proprietary notices, information or restrictions on OhInternet , OhInternet Sites or content available therein (other than your own User Content). Unless expressly stated herein, nothing in this Agreement may be construed as granting any license to intellectual property rights. Nothing in this Agreement may be construed as granting any rights of ownership in OhInternet or OhInternet Sites. OhInternet and OhInternet Sites are protected under United States federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties, and any unauthorized use may subject you to civil liability, criminal prosecution or both.
Access to the OhInternet Sites and Services including, without limitation, website content is provided for your information and personal, non-commercial use only. When using the OhInternet Sites and Services content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit OhInternet Sites and Services content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.
Furthermore, except as expressly permitted in these Terms of Service, you may not:
-remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
-circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
-use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the OhInternet Sites and Services content for any purpose without the express written permission of OhInternet . Notwithstanding the foregoing, OhInternet Sites and Services grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
-collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
-solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
-attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
-decompile, reverse engineer, or disassemble any portion of any the Website;
-use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership without permission, etc.);
-violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
-engage in any conduct that restricts or inhibits any other user from using or enjoying the OhInternet Sites and Services.
USER CONTENT POSTED ON OHINTERNET SITES AND SERVICES
CONTENT STANDARDS; MONITORING
As a Member or User, you may submit, post and make available materials on or through OhInternet and the Community Sites, including, for example, photos, images, sound recordings, video recordings, audio-visual works, musical works, writings and other files, derivative works, translations, adaptations or variations of these materials, accompanying metadata or other documentation or descriptive information, and all tags and comments associated with the materials, whether associated by you, other Members or users, us, or anyone else (collectively, "User Content"). You agree not to submit, and we may reject, remove, or otherwise handle as we deem appropriate any improper User Content, including, for example, User Content that, in our sole discretion:
-violates or infringes the rights of anyone else, including, for example, other people's copyright or right to privacy;
-is unlawful, threatening, bullying, harassing, exploitative, violent, offensive, hateful, defamatory, obscene, sexually suggestive or explicit, indecent or otherwise harmful, or that may impair other people's use or enjoyment of OhInternet or Community Sites;
-includes Personal Information about another person, without that person’s express consent;
-is fraudulent, false or misleading;
-is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
-contains computer viruses or other disruptive, damaging or harmful files or programs;
-tries to gain unauthorized access to OhInternet or OhInternet Services, connected computers, Devices or networks, or user data, or that otherwise modifies or interferes with the use or operation of OhInternet ;
-constitutes, endorses or solicits criminal activity, or is posted for an illegal purpose; or
otherwise violates this Agreement, any Additional Terms, or any applicable law or regulation.
If you believe User Content or other material infringes your copyrights in your work, please follow the procedures in our Copyright Compliance Policy.
We provide the OhInternet Sites and Services including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
We have no responsibility for User Content. We do not guarantee the truthfulness, accuracy or reliability of User Content, nor do we endorse or support any views or opinions expressed in User Content. You are solely responsible for your own User Content, including, for example, any communications and submissions made under your OhInternet account. Always keep a copy of anything you submit, we are not responsible for lost or damaged User Content. Proof that you submitted User Content is not proof that we received anything.
We do not control any User Content submitted. However, we reserve the right (without limiting our other rights) to monitor OhInternet Services and OhInternet Sites at any time, without notice or responsibility to anyone. If we determine, in our sole discretion, that any of your User Content violates this Agreement or is unacceptable to us for any other reason, we may: (a) reject, edit, reformat or remove the User Content; (b) refuse to allow you to submit other User Content; and/or (c) terminate your access or use of OhInternet and/or Community Sites. We disclaim all responsibility related to any monitoring, modification or removal of User Content or any failure to do so.
To protect our Members and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through OhInternet Services, sometimes referred to as "spam". If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that you will have caused us substantial harm, the amount of which would be extremely difficult to determine. As a reasonable estimate of such harm, you agree to pay us Fifty Dollars (US $50.00) for each such unsolicited communication.
If we receive notice of any claim of infringement that satisfies certain legal requirements, such as notice and takedown requirements under U.S. copyright law, we may remove User Content associated with the claim. We reserve the right to provide information to law enforcement officials, government agencies, other users and pursuant to judicial or regulatory compulsion, in order to protect the rights, interests or safety of our Members or users, us, the Parent Companies or public, or in order to comply with legal, regulatory, audit or compliance obligations.
We require others to respect our copyrights, trademarks and other intellectual property rights. Likewise, we respect others' intellectual property rights. If you believe any User Content or other material on OhInternet or Community Sites infringes your copyrights in your work, please follow the procedures in our Copyright Compliance Policy.
YOUR PROPRIETARY RIGHTS IN USER CONTENT
We do not acquire ownership rights in User Content that you submit on or through OhInternet . We are acting only as a host, bulletin board, collector, archiver or conduit for submitted User Content, with all the specific rights granted by you in this Agreement. After submitting User Content, you maintain any ownership and use rights that you may have in that User Content, subject to the consents, rights and licenses granted to us in this Agreement (below).
You must own or have the rights to the User Content you submit, and you must own or have the rights to grant all consents, rights and licenses described in this Agreement. If you do not exclusively own these rights, you must have all necessary consents, rights and licenses to enter into and comply with this Agreement. Material submitted without consent may be deleted or removed.
You agree and promise that:
-all information you provide associated with your User Content is true, complete and current;
-your submission and use of User Content does not violate: (i) this Agreement, (ii) any law or regulation, or (iii) any intellectual property, privacy, publicity or other rights of any person or organization;
-we will not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of your User Content; and
-the submission and use of your User Content is not subject to any guild or union collective bargaining agreement; and you understand we are not signatory to any such agreement and we are not responsible for providing guild or residual payments in connection with such submission and use.
For any User Content that contains original videos, images, text or other media, you agree to comply with any identification (ID) verification and record-keeping practices required by law or by us, including, for example, for individuals appearing in the videos: (a) their full name, address and date of birth; and (b) a legible photocopy of their valid government-issued ID. With the submission of such User Content, you may be required to provide us with a copy of these records and your own valid government-issued ID, and comply with our other requests in connection with the User Content. You acknowledge that other persons may have developed, submitted to us, or made public User Content that is similar or identical to your User Content. You understand you will not be entitled to compensation because of the use or exploitation of User Content, and its submission, posting or display is not any admission of novelty, priority or originality.
OUR LICENSE IN USER CONTENT
By submitting User Content on or through OhInternet , you grant us a worldwide, perpetual license to host, reproduce, publicly display, publicly perform, distribute, broadcast, modify, reformat, translate or use the User Content on OhInternet , the OhInternet Services and any other channels, services and other platforms of us, whether currently existing or not yet developed (collectively, the "Channels"). By submitting User Content on or through OhInternet , you also grant us and the Parent Companies a worldwide, perpetual, fully-paid and royalty-free, non-exclusive and sub-licensable license to use and refer to your name, logo, marks, image or other distinctive identification in marketing, promotional and business materials in connection with the Channels.
By submitting any content (including text, images or any other kind of media), you are agreeing that the information and images collected may be used by OhInternet and it's subsidiaries and parent companies and may be published on our websites and/or in all other mediums. All entries are the property of OhInternet . Entries submitted for posting are entirely at the discretion of OhInternet . You acknowledge and agree that OhInternet shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo or information that you submit to OhInternet . By submitting any photo or information to OhInternet , you grant OhInternet and its assigners and owners an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose.
In addition to other things, the rights granted to OhInternet includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photos and or text. By submitting any photo or information to OhInternet , you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to OhInternet . You understand and intend that any photo or information submitted by you to OhInternet may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to OhInternet . By submitting any photo or information to OhInternet , you waive any privacy expectations that you may have.
This license is fully-paid and royalty-free (meaning we and the Parent Companies need not pay or account to you for the license), non-exclusive (meaning you may also license your User Content to others), and sub-licensable (meaning we and the Parent Companies may use our affiliates and contractors, such as network providers, to provide the OhInternet service). The licenses granted to us will begin immediately upon submission of User Content and continue indefinitely, unless and until terminated by us. Nonetheless, you acknowledge that we need not accept, host, display, or use any submitted User Content (or take advantage of any particular licenses or rights granted or available to us) and we may, in our sole discretion, remove or refuse to use or do anything at all regarding User Content. You also acknowledge that neither User Content nor any associated commercial material need be submitted for approval before use.
As between us and you, we reserve the exclusive right to sell advertising and otherwise exploit and benefit from the conduct of our business and operating OhInternet , any Community Sites, Services or other Channels and any related arrangements, without accounting, obligation or other responsibility to you, regardless of any use of User Content.
We have the right to license, authorize and otherwise arrange with third parties to do or perform any activities, exercise any rights and undertake any responsibilities granted or imposed under this Agreement, and each such third party will be entitled to all terms and conditions, rights and licenses granted to us and/or the Parent Companies under this Agreement.
You release us from any claims, demands or actions in connection with User Content, including, but not limited to, responsibility for any use or nonuse of User Content and claims for defamation, violation of the rights of privacy or publicity, emotional distress or economic loss. We and the Parent Companies may assign or otherwise transfer, sub-contract or delegate to or engage third parties to perform or benefit from its/their rights or obligations to other parties, without any accounting, reporting, notice or other responsibility to you. You also forever waive all moral rights (or 'droit moral') recognized in connection with User Content and any rights granted under this Agreement.
RULES OF CONDUCT
You agree not to use, or knowingly condone others using, OhInternet or OhInternet Services:
-to transmit, upload or make available User Content or other material that is defamatory, hateful, pornographic, obscene, menacing, offensive or harmful, that could cause undue annoyance, inconvenience or anxiety to anyone else, or that otherwise violates this Agreement;
-as a means to threaten, stalk, harass, bully, abuse, exploit, insult or otherwise harm anyone else;
-in a way that violates or infringes the rights of anyone else, including, for example, other people’s copyright or right to privacy;
-to transmit, upload or make available unsolicited or unauthorized advertising or promotional materials, for example, junk mail, "spam," chain letters, pyramid schemes or similar materials;
-to disclose Personal Information of you or anyone else, including, for example, on a User profile or comment;
-to collect Personal Information about other Members or users, including, for example, by spamming or phishing;
-to create a false identity that misleads others about the sender or origin of a message, for example, you must not impersonate anyone else;
-to transmit, upload or make available any material that would amount to a breach of this Agreement if you had posted it directly, or that contains any virus or other harmful file or program, or that may otherwise harm our online services or our computer systems or any third-party computer system;
-in any way that could cause our or another user's services, hardware or networks to be interrupted, damaged or rendered less efficient;
-to cover, obscure or interfere with any advertisement on OhInternet or OhInternet Services;
-by any unauthorized means;
-for any unlawful purpose; or
-in any other way that violates this Agreement or that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.
You are solely responsible for your use, including, but not limited to, all conduct that occurs in your OhInternet account or under your User name. The information and materials on OhInternet and OhInternet Services and Sites are provided solely for your personal and private use and must not be used for any business or commercial purpose without our express consent. For example, you may not copy, transmit or reverse-engineer anything available on OhInternet or Community Sites, or use framing techniques to enclose any part of OhInternet or Community Sites, without our express consent. Unless we specifically indicate otherwise, you also may not modify information or materials available on OhInternet or Community Sites by making a “mash-up”, derivative work or otherwise. Your use of OhInternet Sites and Services is subject to all applicable laws, regulations and treaties.
From time to time, as a result of your use of OhInternet or the Community Sites, you may communicate with, interact with, be re-directed to, or obtain or use goods and services of third parties such as our advertisers, sponsors or promotional partners (collectively, "Advertisers"). All such communication, interaction and use is solely between you and Advertisers. We are not responsible for these activities or transactions, including, but not limited to, any contracts, promises, representations, warranties or other terms or conditions that may exist between you and any Advertiser, or any goods or services you may buy or obtain from any Advertiser.
CONTESTS, SWEEPSTAKES, AUCTIONS, PROMOTIONS
From time to time, we or our service providers, licensees, suppliers or Advertisers may conduct promotions on or through OhInternet or OhInternet Services, including, but not limited to, auctions, contests or sweepstakes ("Promotions"). Each Promotion may have Additional Terms, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into this Agreement. It is your responsibility to read and abide by the Additional Terms.
We and the associated OhInternet Services are not responsible for links to third-party sites ("Outside Sites") that are made available, or that you use, on or in connection with OhInternet or Community Sites. We do not verify, endorse or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.
FEES AND CHARGES
By using OhInternet or OhInternet Services, you acknowledge that we have the right to charge for our products and services, and to terminate your access and/or use if you fail to pay as required or fail to abide by the terms in this agreement. We also may terminate or restrict your OhInternet account at any time, for any reason and without responsibility.
OhInternet or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). OhInternet reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
Paid memberships for OhInternet services can be revoked at anytime, for any reason without liability by us. Paid enhancements to accounts or other services above free accounts are at the sole discretion of OhInternet . OhInternet may remove or disable accounts, at any time, regardless of paid status.
If you submit your credit, debit or charge card information to OhInternet upon registration or otherwise, you give us permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
MEMBER INTERACTIONS; DISPUTES
Your interactions, communications and transactions (online or offline) with any other Member, user, Advertiser, Outside Site or other organization that you find on or through OhInternet or the OhInternet Services are solely between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other Members, users or organizations. If you have such a dispute, you release us, and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, Advertisers and suppliers (collectively, "Released Parties") from all claims, demands and damages actual and consequential, know or unknown, arising from or related to the dispute.
You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are between 13 and 17 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement; and (d) your activities are lawful in any jurisdiction where you use OhInternet or Community Sites.
DISCLAIMERS, LIMITATION ON LIABILITY
OhInternet SITES, OhInternet SERVICES, ALL USER CONTENT AND ALL MATERIALS, SERVICES, PRODUCTS AND SOFTWARE USED OR MADE AVAILABLE ON OR THROUGH OhInternet (COLLECTIVELY, " OhInternet ITEMS") ARE PROVIDED STRICTLY 'AS IS.' YOU USE OhInternet ITEMS AT YOUR SOLE RISK AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES. WE DO NOT GUARANTEE OhInternet ITEMS OR SECURITY ASSOCIATED WITH TRANSMITTING PERSONAL INFORMATION THROUGH OhInternet ITEMS, THAT OhInternet ITEMS WILL OTHERWISE FUNCTION OR PERFORM IN ANY PARTICULAR MANNER, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OhInternet ITEMS (OR SERVERS, NETWORKS OR SERVICES THAT MAKE THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOUR USE OF OhInternet ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION. IF YOU ARE DISSATISFIED WITH OhInternet ITEMS, THIS AGREEMENT OR ANY ADDITIONAL TERMS, YOUR ONLY REMEDY IS TO STOP USING OhInternet ITEMS.
TO THE EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES OF ANY KIND (WHETHER AS A RESULT OF CONTRACT LAW, TORT, STATUTORY DUTY OR OTHERWISE, AND EVEN IF FORESEEABLE OR IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO: (I) OhInternet ITEMS; (II) THE USE, PERFORMANCE OR OPERATION OF OhInternet ITEMS; (III) ANY INVESTIGATION BY US, LAW ENFORCEMENT OR GOVERNMENT AUTHORITIES REGARDING ANY USE OF OhInternet ITEMS; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; AND (V) ANY INTERACTION, COMMUNICATION OR TRANSACTION WITH, OR ANY CONDUCT OF, ANY MEMBER, USER OR ORGANIZATION FOUND ON OR THROUGH OHINTERNETITEMS. THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NONETHELESS, IN NO EVENT WILL THE RELEASED PARTIES' TOTAL RESPONSIBILITY TO YOU FOR ALL DAMAGES, LOSSES, INJURIES OR CLAIMS EXCEED FIFTY DOLLARS (US $50.00).
YOU CONFIRM THAT, IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING FROM OR RELATED TO ACTS OR OMISSIONS OF THE RELEASED PARTIES, THE DAMAGES ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF OhInternet ITEMS OR ANY OTHER WEB SITE OR CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.
Because of service capacity limits, some messages and transmissions may not be processed promptly or at all, and some features or functions may be restricted, delayed or become inoperable. The Released Parties are not responsible for any service failure or delay, so you should not rely on OhInternet Items for any particular transactions, communications or User Content. Further, the Released Parties are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising from your use of OhInternet Items. The Released Parties are not responsible for any problem, malfunction, delay, damage to or failure of the Internet or any hardware, software, system or service, whether resulting from, for example, any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay, computer line or network failure, technical problems, traffic congestion on the Internet and/or at any web site, or any other reason. The Released Parties are not responsible for any delay or failure in performance resulting from acts of nature, forces or causes beyond the Released Parties’ reasonable control.
By accessing or using OhInternet Services, Sites and Items, you understand that you may be waiving rights with respect to unknown or unsuspected claims, and you acknowledge that you have read and understand, and expressly waive, the benefits of all Michigan, Illinois and Delaware Civil Code.
You agree to indemnify, defend and hold the Released Parties harmless from and against all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees) arising from or related to: (i) your use of OhInternet Items; (ii) any violation of this Agreement or applicable law, rule or regulation; (iii) your submission, transmission, display, distribution, reproduction, modification, creation of derivative works, storage, sale, transfer or other use of User Content or other materials; or (iv) any theft, disclosure, sharing or other misuse of your User ID or OhInternet account. The Released Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any such claim or action and all settlement negotiations. You agree to fully cooperate with the defense or settlement negotiations, as requested by the Released Parties. You agree not to settle any claim or action without the Released Parties' express approval.
GOVERNING LAW; JURISDICTION AND VENUE; OTHER TERMS
This Agreement and your use of OhInternet Items are governed by the laws of the State of Michigan (notwithstanding any conflict of laws provisions) applicable to contracts made, executed and wholly performed in Michigan. For the purposes of any legal or equitable claims or actions, you agree and will not object to the exclusive and mandatory jurisdiction and venue of the State and Federal courts situated in the State of Michigan and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING BROUGHT TO ENFORCE THIS AGREEMENT OR RELATED TO OhInternet ITEMS, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY.
This Agreement will remain in effect while you are a Member or user of OhInternet Items. Nonetheless, any provision that must survive in order to allow us to enforce its meaning (including, but not limited to, indemnifications, warranties and limitations of liability) will survive the termination of this Agreement; but no claim arising out of this Agreement or your use of OhInternet Items may be brought by you more than one year after the claim has arisen. Any failure of us to enforce any provision of this Agreement will not constitute a waiver. If any provision of this Agreement is held invalid or unenforceable, this will not affect any other provisions and the Agreement will be amended as necessary to make it valid and enforceable. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Except as expressly provided herein, there are no third-party beneficiaries to this Agreement. Any section headings in this Agreement are for convenience only and have no legal effect.
To the extent that OhInternet -related software is subject to U.S. export controls, it may not be downloaded from us or otherwise exported: (A) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using OhInternet -related software, you confirm that you are not located in any such country, you are not a national or resident of any such country (or under their control) and you are not on any such list.
You understand and agree that we will determine your compliance with this Agreement in our sole discretion. We reserve the right to deny access to any OhInternet Items in our sole discretion, at any time, without notice or responsibility to you or anyone. Any violation of this Agreement may be referred to law enforcement authorities.
This is the official copyright compliance policy ("Copyright Compliance Policy") for the OhInternet platform (" OhInternet ," "we," "us," or "our"), an online website, blog, forum, chatroom, wiki, social-networking and social-media service, and the OhInternet web sites located at OhInternet .com, and any and all related sub-domains and services thereof, (the " OhInternet Sites").
This Copyright Compliance Policy sets forth the procedures undertaken by OhInternet to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of any subsidiaries and affiliates, or any other company, unless specifically stated. This Copyright Compliance Policy is legally binding on all users and Members.
We take protection of copyrights, both our own and others, very seriously.
HOW TO SEND A NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the OhInternet Service infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of claimed copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will investigate material that is claimed to be infringing or to be the subject of infringing activity and take appropriate action based on the results of our investigation.
Send your notice of claimed infringement to our designated agent for receiving such notices, as follows:
c/o EDRAMA LLC
PO BOX 20267 Kalamazoo MI 49019
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of claimed infringement must be a written communication provided to the agent designated above that includes substantially the following information:
-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
-Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OhInternet to locate the material.
-Information reasonably sufficient to permit OhInternet to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
-A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
-A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
HOW TO SEND A COUNTERNOTICE IF YOUR POSTING WAS REMOVED IN RESPONSE TO A NOTICE OF CLAIMED INFRINGEMENT, AND YOU BELIEVE THE POSTING IS NOT INFRINGING
As explained above, if we receive a notice of claimed infringement sent to our designated agent with the information described above, we will investigate the material that is claimed to be infringing and take appropriate action based on the results of our investigation. If we remove or disable access to the material, we will also send a notification to the User who posted or submitted the material, at the e-mail address provided by the User in connection with his/her account with us, telling the Member that the material was removed or access to it was disabled because of claimed infringement. For collaborative and multi-user submissions, a notice may be posted directing all viewers to visit the information in order to determine if their material was removed.
If you are a User who posted or submitted material that was removed in response to a notice of claimed infringement, and you believe the material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of claimed infringement, whose contact information is above.
Your counternotice must be a communication sent via postal mail or email, and must include substantially the following information:
-Your physical or electronic signature.
-Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
-A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
-Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which OhInternet may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of claimed infringement, and waiting at least ten (10) business days. If, during those ten (10) business days, the person who sent the original notice of claimed infringement notifies us that such person has instituted a suit to seek a court order to restrain the Member who sent the counternotice from infringing activity relating to the material on the OhInternet Sites, we will not replace the material. Notice of suit must be provided with associated case number, clerk court name and phone number and photocopy or electronic scan of front page of suit filing. Otherwise, we may repost the material at our discretion. However, pursuant to this Agreement, we retain the right to remove, disable access to, or not restore material at any time for any reason without any liability to the posting or submitting Member. In particular, a Member who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we will not be liable to the Member under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
REPEAT INFRINGER POLICY
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any Member who has made multiple submissions of User Content for which we receive a notice of claimed infringement under this Copyright Compliance Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright Compliance Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.
This Copyright Compliance Policy was last modified on date above and is effective immediately.
OhInternet Sites and Services may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
In order to comply with FTC regulations and preserve your reading experience, please assume that, for every recommendation, link, interview and product shown, on any OhInternet service, the following hold true: author had meals provided, author received gadgets or technical freebies, author had sex with subject of story, author received cash, author received various free items, author received stock options, author received some other kind of compensation not specified.
At OhInternet , we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit OhInternet , and how we safeguard your information.
OhInternet generally collects personally identifying information with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, complete a survey, make a purchase, subscribe to our publication(s), or register for any portion of our services, you are asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested.
Our servers may also automatically collect information about your computer when you visit OhInternet , including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol ("IP") address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
Log Files: As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums and API software, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on the Website, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the site that may be managed or participated in by third parties, such as auction services or shopping areas. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While OhInternet will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, OhInternet does not bear any responsibility for any actions or policies of third parties. We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.
While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by OhInternet , its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
We also use third party advertisements on OhInternet to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
DoubleClick DART cookies: We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests based targeting. The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses non personally identifiable information. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx
Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Blocking or disabling ads may result in the site functionality not being complete. Many features of the site may be blocked in this attempt.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.