Terms of Service, Privacy Policy and Copyright Policy for OhInternet Sites and Services
Last updated: May 13, 2011 6:36:18 PM
Terms of Use
Copyright Policy
Privacy Policy
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.
TERMS OF USE
This is the official Terms of Use Agreement
("Agreement") for all OhInternet Sites and Services ("OHi," "we,"
"us," or "our"), an online collection of blogs, wikis, forums, user
profiles, social networks, chat rooms and the OhInternet web sites
located at OhInternet .com, subdomains thereof and any third party
services employed by us (" OhInternet Sites").
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.
These terms and conditions constitute a legally binding agreement
between you and OhInternet Sites and Services and any Parent
Companies. By using OhInternet Sites and Services, you agree to abide
by this Agreement and any additional terms that govern certain products
or services offered on or through OhInternet Sites and Services, such
as forum memberships, user accounts, newsletters, chat services, web
services and e-mail. We also may provide rules of participation
("Rules") for certain activities and services including, but not limited
to, contests and sweepstakes. Our Privacy Policy, the Additional Terms
and Rules are hereby incorporated in this Agreement by reference. This
Agreement applies whether you are using OhInternet Sites and Services
via a personal computer, a mobile device or any other technology or
devices now known or hereafter developed or discovered (each, a
"Device") and whether you are accessing as a Member or other user.
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.
ELIGIBILITY
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.
OhInternet Sites and Services are established in the United States,
meaning that you are accessing a community network in the U.S.
OhInternet Sites and Services are governed by and operated in
accordance with the laws of the U.S. We make no representation that
OhInternet Sites and Services are governed by or operated in accordance
with the laws of other nations. Please be aware that any Personal
Information you provide to us or we obtain as a result of your use of
OhInternet Sites and Services will be collected in the U.S. or
transferred to the U.S. by or on behalf of OhInternet or OhInternet
Sites or Serivces. By using or participating in OhInternet or
OhInternet Sites or Serivces and/or providing us with your Personal
Information or other information, you (a) consent to the transfer,
processing and/or storage of any Personal Information and other
information you provide to OhInternet and/or our sites and services,
(b) acknowledge that U.S. law provides a lower standard of protection
for personal data than the laws of various countries including, but not
limited to, the European Union and (c) understand that OhInternet and
OhInternet Sites will collect, transfer to, process and/or store and
deal with your Personal Information and other information in accordance
with our Privacy Policy and U.S. law. Consequently, you waive any claims
that may arise under the laws and regulations that apply to you in or
of any other country or jurisdiction.
REGISTRATION AND SECURITY
By signing up to become a Member or User of any OhInternet site or
service, you register with one or more OhInternet Services. Please
read our Privacy Policy, which describes how we may use the personally
identifiable information ("Personal Information") we collect, including,
for example, sharing such Personal Information. Accounts inactive for
longer than a year may be deactivated.
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 included content (and any
derivative works or enhancements of the same) including, but not limited
to, all text, illustrations, files, images, software, scripts,
graphics, photos, sounds, music, videos, information, content,
materials, products, services, URLs, technology, documentation, and
interactive features (collectively, the "Content") and all intellectual
property rights to the same are owned by us, our licensors, or both.
Additionally, all trademarks, service marks, trade names and trade dress
that may appear on the Website are owned by us, our licensors, or both.
Except for the limited use rights granted to you in these Terms of Use,
you shall not acquire any right, title or interest in the Website or
any Website Content. Any rights not expressly granted in these Terms of
Use are expressly reserved.
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.
-You agree to cooperate fully with OhInternet Sites and Services
to investigate any suspected or actual activity that is in breach of
these Terms of Use.
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.
ADVERTISING
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.
THIRD-PARTY SITES
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.
YOUR GUARANTEES
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.
INDEMNITY
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, together with our Privacy Policy, any Additional
Terms, Rules and other procedures and policies that are incorporated
here by reference, contains the entire agreement between you and us
relating to your use of OhInternet Items and Services and supersedes
any and all prior or inconsistent understandings.
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.
COPYRIGHT COMPLIANCE
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:
By mail:
Copyright Agent
c/o EDRAMA LLC
PO BOX 20267 Kalamazoo MI 49019
By e-mail:
dmca@ohinternet.com
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.
MOBILE
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.
FTC Statement
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.
Privacy Policy
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.
Cookies and Web Beacons: We do use cookies to store information,
such as your personal preferences when you visit our site. This could
include only showing you a popup once in your visit, or the ability to
login to some of our features, such as forums.
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.
We may also use advertising service vendors to help present
advertisements on the Website. These vendors may use cookies, web
beacons, or similar technologies to serve you advertisements tailored to
interests you have shown by browsing on this and other sites you have
visited, to determine whether you have seen a particular advertisement
before and to avoid sending you duplicate advertisements. In doing so,
these vendors may collect non-personal data such as your browser type,
your operating system, Web pages visited, time of visits, content
viewed, ads viewed, and other clickstream data. The use of cookies, web
beacons, or similar technologies by these advertising service vendors is
subject to their own privacy policies, not ours, and OhInternet
disclaims all liability in connection therewith.
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.
This Terms of Use Agreement, Copyright
Compliance and Privacy Policy was last modified on the date indicated
above and is effective immediately.