3. Additional Terms. Certain products, services, or software made available through the Web Site may require compliance with additional rules and/or guidelines. By accessing or using such products, services, or software you agree to such additional rules and/or guidelines. You may not use such products, services, or software without agreeing to such additional rules and/or guidelines.
4. Electronic Notice. You agree to receive electronic notices from the Company made available either via the Web Site or through an email or instant messaging address provided by you to the Company.
6. Changes to the Web Site. The Company is free to modify or disable the Web Site, including any products, services, or software made available through the Web Site, at any time and for any or no reason without providing notice.
7. Unsolicited Commercial Messages. You are prohibited from using the Web Site or any Web Site communications or computer networks to transmit, directly or indirectly, any unsolicited commercial messages (including emails and instant messages).
8. Your Responsibilities and Use of the Web Site.
a. You may use the Web Site only for personal, non-commercial purposes.
d. You agree that you shall only access, attempt to access, use, or attempt to use the Web Site through the interface provided, or otherwise authorized, by the Company. You shall not access the Web Site through any automated means, including, but not limited to, bots, scripts, automated data mining processes, and web crawlers, unless specifically authorized in writing by the Company. You will not use the Web Site to distribute or in any manner use viruses or other harmful or unauthorized computer viruses, software, or applications. You may not adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from the Web Site, including any software made available through the Web Site, frame any portion of the Web Site, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Web Site without the Company’s prior written consent.
e. You will not disrupt or interfere, or attempt to disrupt or interfere, with the Web Site.
h. THE WEB SITE, INCLUDING ANY SERVICES, PRODUCTS, OR SOFTWARE MADE AVAILABLE BY OR THROUGH THE WEB SITE, IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE WEB SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. Proprietary Rights. You acknowledge and agree that as between the Company and you, the Company owns all legal rights, title, and interest in and to the Web Site, including, but not limited to, the look and feel of the Web Site and any software, images, audio, and video. Nothing herein gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Web Site.
10. Your Content. You retain copyright and any other rights you already hold in content, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other information (collectively, “Content”) which you submit, post, distribute, or display on or through the Web Site. By submitting, posting, distributing, or displaying the Content, you provide the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, sub-license, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display and distribute any Content in any medium and in any manner. You represent and warrant to the Company that you have all the rights, power and authority necessary to grant the above license.
11. Content on the Web Site. You acknowledge that Content may be provided by you or third parties and distributed on or through the Web Site. Such Content may be accessed and viewed by others, including the general public. You agree that the Company has no obligation to monitor any such Content. The Company is free to remove any such Content for any or no reason, but shall not be obligated to do so. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content without obtaining prior written consent from the Content’s owner. You understand that by using the Web Site you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Web Site at your own risk.
12. Use of Cellular Networks. You acknowledge that if you access or use the Web Site through wireless applications, your wireless provider may charge fees for alerts, web browsing, messaging and other services. It is solely your responsibility to determine if any such charges apply to you, and you are solely responsible for any costs you incur to access or use the Web Site through any wireless or other communication service.
13. Notification of Potential Copyright Infringement. If you believe that your Content has been made available on the Web Site in a manner that violates your copyrights in and to such Content, please follow the notification procedure detailed in Section 20 below.
14. Links. You acknowledge that links to third party websites or Content may be made available through the Web Site. You acknowledge and agree that the Company is not responsible or liable for any Content or other material or information made available through such third party websites, that the Company may have no control over any such third party website, and that the Web Site does not endorse any advertising, products or services made available through such third party websites. In addition, you acknowledge and agree that the Company is not responsible or liable for the availability, accuracy, or completeness of any such third party website.
15. Advertisements. You acknowledge and agree that the Company may distribute advertisements through or via Web Site. the Company is not responsible or liable for any interaction between you and an advertiser, and does not endorse any advertising, or products or services made available through such advertising.
16. Disclaimer of Warranties. The Web Site is provided “AS IS” with all faults and as available. The Company makes no express representations or warranties about the Web Site. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES THAT THE WEB SITE OR ANY SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE OR BY the Company ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU AGREE THAT ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN (“DOWNLOAD”) THROUGH THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.
17. Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEB SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF WHETHER THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S LIABILITY, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEB SITE EXCEED THE GREATER OF $100 OR THE MINIMUM AMOUNT PERMITTED BY LAW.
18. Miscellaneous Terms and Conditions.
a. Indemnification. You agree to defend, indemnify, and hold harmless the Company, the Web Site and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Web Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses at no additional cost to the Company.
b. Choice of Law; Jurisdiction. You agree that the laws of Delaware govern this contract and any claim or dispute that you may have against the Company, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against the Company will be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. FOR THE PURPOSES OF CLARIFICATION, YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN DELAWARE OVER ANY CLAIMS INVOLVING THE COMPANY OR THE WEB SITE.
19. Policy Regarding Children 13 and Under. The Web Site is not directed at persons under 13 years of age and persons that are 13 years of age and under are prohibited from registering with the Web Site. If a parent or guardian becomes aware that a person 13 years of age or under has registered with the Web Site, the parent or guardian should contact the Company at firstname.lastname@example.org and Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel, and the Company shall delete such person’s registration information and account within a reasonable time period.
20. DMCA Notice.
If you think that your copyrighted content has been infringed, please provide the following to the Company’s DMCA Agent:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit the Company to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you 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; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to: Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel.
Last Updated: November 1, 2008