Welcome to the website provided by Oliver Bailey Skin Company, LLC. The following Terms of Use (“Terms of Use”), together with the Privacy Policy, apply to all users of www.oliverbaileyskin.co, and its associated websites, subdomains, mobile versions, and any associated applications and services (collectively, “Site”), which is operated by Oliver Bailey Skin Company, LLC, a Florida limited liability company (“OBSC,” “we” or “us”).
LAST UPDATED: The Terms of Use was last modified on 22 April 2020.
The Terms of Use for the Site represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “User”, “Users”, “you”, or “your”), and OBSC regarding your use of the Site. Together, Users and OBSC are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which we may post on the Site on one or more occasion (the “Guidelines”). All Guidelines are incorporated by reference into these Terms of Use.
BEFORE USING THE SITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR AS USED INTERCHANGEABLY THROUGHOUT , “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
LAST UPDATED: The Terms of Use was last modified on 22 April 2020.
The Terms of Use for the Site represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “User”, “Users”, “you”, or “your”), and OBSC regarding your use of the Site. Together, Users and OBSC are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which we may post on the Site on one or more occasion (the “Guidelines”). All Guidelines are incorporated by reference into these Terms of Use.
BEFORE USING THE SITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR AS USED INTERCHANGEABLY THROUGHOUT , “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
Children. You must be at least the age of Majority (18 in most states of the United States; older in some jurisdictions) to register with us. The Site is not intended for users under the age of 18, and such users are expressly prohibited from registering for any services such as contests or surveys, making any purchases, or registering for any aspect of the Site, and by taking such actions you agree, represent, warrant, covenant and guarantee that you are18 years of age or older. If you are under 18, please do not attempt to register for Site or send any information about yourself to us, including your name, address, telephone number, or email address. We do not seek through this Site to gather personal information from or about persons under the age of 18.
NOTICE: Visit https://www.ftc.gov/tips-advice/business-center/privacy-and-security for tips from the Federal Trade Commission on protecting children’s privacy online.
NOTICE: Visit https://www.ftc.gov/tips-advice/business-center/privacy-and-security for tips from the Federal Trade Commission on protecting children’s privacy online.
Privacy Notice. Your privacy is important to OBSC. OBSC’ Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to OBSC’ collection, use and disclosure of your personal information.
Modification of the Terms. OBSC may, on one or more occasion and for any reason and without prior notice, change, modify, add, or remove portions of these Terms. OSBC may notify you of such changes through any other means, including a change to the “Last Updated” date set forth above. All such changes will become effective immediately. We encourage that you check the Terms periodically for such changes. You acknowledge and agree that your continued use of the Site after the posting of such changes constitutes your binding acceptance of such changes.3
Site Access, Linking. OBSC grants you permission to use the OBSC Site as set forth in these Terms, provided that and for so long as you use the Site solely for your personal, non-commercial use, except as expressly permitted under these Terms, you do not: (a) download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Site in any medium without OBSC’ prior written authorization; (b) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (c) engage in any of the prohibited uses described in Section 13 below; and (d) otherwise violate these Terms. The Site is controlled and offered by OBSC from its facilities in the State of Florida in the United States of America. OBSC makes no representations that the Site is appropriate or available for use in other locations or jurisdictions. If you are accessing or using the Site from other locations or jurisdictions, then (i) you do so at your sole risk and expense, and (ii) you are solely responsible for compliance with local laws of such other location or jurisdiction.
Account Information. In order to access some features of the Site, you may have to create an account. When any of the Site content or functions on the Site require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Site and as otherwise provided under these Terms or under our Privacy Policy. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that OBSC may access, preserve and disclose your account information and User Content (as defined below) if required to do so by applicable law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of any third parties; (d) provide certain customized features of the Site to you, if any; (e) respond if you contact OBSC for any reason; or (f) protect the rights, property, or personal safety of OBSC, its affiliates and subsidiaries, its other Users, and the public. You may cancel your account with us at any time by following the instructions on the Site. If you voluntarily terminate your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Site. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We may, without prior notice to you, terminate your account if you violate these Terms of Use. Without limiting the foregoing, if you are a copyright infringer, we may, without prior notice to you, terminate your account and remove all of your User Content from the Site.
If you register, you will be asked to provide a password. You shall be responsible for all activities that occur under your password; consequently, you are encouraged to keep your password confidential. You are solely responsible for maintaining the confidentiality of your account or your password, and for restricting access to your computer or similar devices. You shall accept responsibility for all activities that occur under your account or under your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify OBSC.
Modification of the Terms. OBSC may, on one or more occasion and for any reason and without prior notice, change, modify, add, or remove portions of these Terms. OSBC may notify you of such changes through any other means, including a change to the “Last Updated” date set forth above. All such changes will become effective immediately. We encourage that you check the Terms periodically for such changes. You acknowledge and agree that your continued use of the Site after the posting of such changes constitutes your binding acceptance of such changes.3
Site Access, Linking. OBSC grants you permission to use the OBSC Site as set forth in these Terms, provided that and for so long as you use the Site solely for your personal, non-commercial use, except as expressly permitted under these Terms, you do not: (a) download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Site in any medium without OBSC’ prior written authorization; (b) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (c) engage in any of the prohibited uses described in Section 13 below; and (d) otherwise violate these Terms. The Site is controlled and offered by OBSC from its facilities in the State of Florida in the United States of America. OBSC makes no representations that the Site is appropriate or available for use in other locations or jurisdictions. If you are accessing or using the Site from other locations or jurisdictions, then (i) you do so at your sole risk and expense, and (ii) you are solely responsible for compliance with local laws of such other location or jurisdiction.
Account Information. In order to access some features of the Site, you may have to create an account. When any of the Site content or functions on the Site require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Site and as otherwise provided under these Terms or under our Privacy Policy. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that OBSC may access, preserve and disclose your account information and User Content (as defined below) if required to do so by applicable law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of any third parties; (d) provide certain customized features of the Site to you, if any; (e) respond if you contact OBSC for any reason; or (f) protect the rights, property, or personal safety of OBSC, its affiliates and subsidiaries, its other Users, and the public. You may cancel your account with us at any time by following the instructions on the Site. If you voluntarily terminate your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Site. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We may, without prior notice to you, terminate your account if you violate these Terms of Use. Without limiting the foregoing, if you are a copyright infringer, we may, without prior notice to you, terminate your account and remove all of your User Content from the Site.
If you register, you will be asked to provide a password. You shall be responsible for all activities that occur under your password; consequently, you are encouraged to keep your password confidential. You are solely responsible for maintaining the confidentiality of your account or your password, and for restricting access to your computer or similar devices. You shall accept responsibility for all activities that occur under your account or under your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify OBSC.
Terms of Sale for Online Purchases and Other Terms. All purchases through our Site or other transactions for the sale of goods formed through the Site, or resulting from visits made by you, are governed by this Section. Additional terms and conditions could apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.
We offer skin care products and services for sale on the Site. Please carefully read all pricing terms available in the areas of the Site that allow you to make purchases. Your use of the Site includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that entering into a transaction electronically (including all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. OBSC is not responsible for typographic errors. Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by us, we may, without notice to you, terminate your account. In any action or legal proceeding arising under this Section or related to a dispute regarding payment of fees, or products or services provided by us, the prevailing party shall be entitled to recover their reasonable attorney’s fees and related court costs.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
We offer skin care products and services for sale on the Site. Please carefully read all pricing terms available in the areas of the Site that allow you to make purchases. Your use of the Site includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that entering into a transaction electronically (including all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. OBSC is not responsible for typographic errors. Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by us, we may, without notice to you, terminate your account. In any action or legal proceeding arising under this Section or related to a dispute regarding payment of fees, or products or services provided by us, the prevailing party shall be entitled to recover their reasonable attorney’s fees and related court costs.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Ownership and Proprietary Rights. The Site, including the content, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, trade secrets, and all other elements of the Site that are provided by OBSC (“OBSC Materials”) are owned and/or licensed by us or our affiliate, Elegant Title, LLC, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties, regarding copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. OBSC Materials do not include Non-OBSC Content (as defined below).Except as expressly authorized by OBSC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site or the OBSC Materials. OBSC reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the OBSC Materials, except for the limited rights expressly set forth in these Terms.
OSBC’s name, the logo of OSBC, , the terms OLIVER BAILEY SKIN CO.TM, the slogan “EVERYONE DESERVES A LITTLE BIT OF LUXURYTM”, and all related names, logos, product and service names, designs, labels, trade dress, and slogans are trademarks of OSBC or its affiliates, subsidiaries, or licensors, including Elegant Title, LLC (collectively, “Marks”). You shall not use the Marks without the prior express permission of OSBC or its legal representative. All other names, logos, product and service names, designs, labels, and slogans on this Site (including Non-OBSC Content) are the trademarks of their respective owners.
Apps, Streaming and Other Downloadable Software. If any of the OBSC Materials that we make available to you is software capable of being downloaded, streamed or made accessible via Real Simple Syndication (RSS), then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from the Site is subject to the United States export control laws. IF YOU DOWNLOAD SOFTWARE FROM THE SITE OR FROM OBSC, YOU REPRESENT AND WARRANT TO US THAT YOU ARE NOT ACTING IN VIOLATION OF SUCH LAWS.
User Content. Parts of this Site offer an opportunity for users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Your User Content does not reflect the views and opinions of OBSC, its agents and/or affiliates. OBSC makes no representations that your User Content will remain available via the Site in any way. We may, on one or more occasion and without prior notice, remove your User Content. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY IN ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SITE, THAT ANY SUCH USER CONTENT THAT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND OBSC DOES NOT GUARANTEE OR WARRANT ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE OR WARRANT THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT, IF ANY, WILL NOT BE INFRINGED OR MISAPPROPRIATED.
Grant of Rights. By submitting User Content to OBSC, you hereby grant OBSC a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Site and OBSC’ (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or through merchandising. Your granters, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Site and these Terms. The above licenses granted by you in User Content you submit to the Site will be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Site user account, or any User Content following any deactivation or deletion of your Site user account, you may specifically notify OBSC regarding the termination of the foregoing license from you to OBSC, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to OBSC. You understand and agree, however, that even following such termination, OBSC may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, any of the above licenses granted by you in user comments submitted by you to us are perpetual and irrevocable.
Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and warrant that: (a) your User Content is not confidential or secret; (b) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize OBSC to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by OBSC and these Terms, and to grant the rights and license set forth in this Section; and (c) your User Content, OBSCs use of such User Content pursuant to these Terms, and OBSC’ exercise of the license rights set forth in this Section, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation. In connection with User Content, you further acknowledge and agree that: (A) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates and subsidiaries, our licensors and/or their affiliates and subsidiaries already have projects under consideration or are independently developing projects that are similar to your User Content; and (B) you shall indemnify and hold us and our affiliates and subsidiaries harmless from and against all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, your User Content, or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any mater remains subject to your obligation to indemnify under this Section.
Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site: (a) any falsehoods or misrepresentations that could damage OBSC or any third party; (b) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (c) any advertisements or solicitations of business, products, or services; or (d) any material that would be harmful to minors in any manner.
No Responsibility for User Content. With the exception of the limited license granted under Section 10, we do not obtain or control any rights in nor exert any editorial control over, User Content. Nothing herein obligates us to verify, and we have and will not necessarily verify any representations and warranties made by Users with respect to such User Content.
OSBC’s name, the logo of OSBC, , the terms OLIVER BAILEY SKIN CO.TM, the slogan “EVERYONE DESERVES A LITTLE BIT OF LUXURYTM”, and all related names, logos, product and service names, designs, labels, trade dress, and slogans are trademarks of OSBC or its affiliates, subsidiaries, or licensors, including Elegant Title, LLC (collectively, “Marks”). You shall not use the Marks without the prior express permission of OSBC or its legal representative. All other names, logos, product and service names, designs, labels, and slogans on this Site (including Non-OBSC Content) are the trademarks of their respective owners.
Apps, Streaming and Other Downloadable Software. If any of the OBSC Materials that we make available to you is software capable of being downloaded, streamed or made accessible via Real Simple Syndication (RSS), then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from the Site is subject to the United States export control laws. IF YOU DOWNLOAD SOFTWARE FROM THE SITE OR FROM OBSC, YOU REPRESENT AND WARRANT TO US THAT YOU ARE NOT ACTING IN VIOLATION OF SUCH LAWS.
User Content. Parts of this Site offer an opportunity for users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Your User Content does not reflect the views and opinions of OBSC, its agents and/or affiliates. OBSC makes no representations that your User Content will remain available via the Site in any way. We may, on one or more occasion and without prior notice, remove your User Content. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY IN ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SITE, THAT ANY SUCH USER CONTENT THAT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND OBSC DOES NOT GUARANTEE OR WARRANT ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE OR WARRANT THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT, IF ANY, WILL NOT BE INFRINGED OR MISAPPROPRIATED.
Grant of Rights. By submitting User Content to OBSC, you hereby grant OBSC a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Site and OBSC’ (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or through merchandising. Your granters, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Site and these Terms. The above licenses granted by you in User Content you submit to the Site will be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Site user account, or any User Content following any deactivation or deletion of your Site user account, you may specifically notify OBSC regarding the termination of the foregoing license from you to OBSC, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to OBSC. You understand and agree, however, that even following such termination, OBSC may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, any of the above licenses granted by you in user comments submitted by you to us are perpetual and irrevocable.
Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and warrant that: (a) your User Content is not confidential or secret; (b) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize OBSC to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by OBSC and these Terms, and to grant the rights and license set forth in this Section; and (c) your User Content, OBSCs use of such User Content pursuant to these Terms, and OBSC’ exercise of the license rights set forth in this Section, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation. In connection with User Content, you further acknowledge and agree that: (A) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates and subsidiaries, our licensors and/or their affiliates and subsidiaries already have projects under consideration or are independently developing projects that are similar to your User Content; and (B) you shall indemnify and hold us and our affiliates and subsidiaries harmless from and against all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, your User Content, or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any mater remains subject to your obligation to indemnify under this Section.
Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site: (a) any falsehoods or misrepresentations that could damage OBSC or any third party; (b) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (c) any advertisements or solicitations of business, products, or services; or (d) any material that would be harmful to minors in any manner.
No Responsibility for User Content. With the exception of the limited license granted under Section 10, we do not obtain or control any rights in nor exert any editorial control over, User Content. Nothing herein obligates us to verify, and we have and will not necessarily verify any representations and warranties made by Users with respect to such User Content.
Non-OBSC Content Disclaimer. You understand that when using the Site you will be exposed to User Content, advertising and other third party content (together, “Non-OBSC Content”) from a variety of sources and that you may be exposed to Non-OBSC Content that is inaccurate, offensive, indecent, or otherwise objectionable. OBSC does not endorse any Non-OBSC Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will OSBC or its affiliates and subsidiaries incur any liability for or in connection with: (a) any Non-OBSC Content (regardless of and including any inaccuracies, errors or omissions in any Non-OBSC Content); (b) any intellectual property infringement or misappropriation with regard to any Non-OBSC Content; or (c) any loss or damage of any kind incurred as a result of any use of any Non-OBSC Content (regardless of whether such Non-OSBC Content is posted, emailed, or otherwise displayed or transmitted through the Site).
Non-Monitoring of Users and Non-OBSC Content. You understand that you, and not OBSC, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Site. OSBC shall not control Non-OBSC Content posted by Users or otherwise made available by other persons or entities, and does not have any obligation to monitor, for any purpose, such Non-OBSC Content, except that OBSC retains the right, without obligation or liability, to monitor the Non-OBSC Content. OBSC: (a) assumes no responsibility or liability for any Non-OBSC Content; (b) no obligation to modify or remove any inappropriate Non-OBSC Content; (c) no obligation to monitor or continue to monitor the Non-OBSC Content; and (d) no responsibility for the conduct of the User or other person or entity submitting any such Non-OBSC Content. You acknowledge and agree that you shall evaluate and assume any risk associated with the use of any Non-OBSC Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such Non-OBSC Content.
OBSC and its designees and representatives may refuse to post any Non-OBSC Content on the Site, and may, without assuming any liability and without prior notice and on one or more occasion, remove any Non-OBSC Content that is caused to become available on the Site, whether in whole or in part.
OBSC and its designees and representatives may refuse to post any Non-OBSC Content on the Site, and may, without assuming any liability and without prior notice and on one or more occasion, remove any Non-OBSC Content that is caused to become available on the Site, whether in whole or in part.
Prohibited Uses of the Site. Unauthorized or prohibited use of the Site or the OBSC Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful, or prohibited under these Terms of Use.
Any use by you of any of the OBSC Materials, Marks, or Site, other than for your personal and non-commercial use, is strictly prohibited. You shall not reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the OBSC Materials, Marks, or Site, or use or access the Site, for any purpose other than for your personal, non-commercial use.
Except as expressly provided under these Terms of Use, you shall not create derivative works of the OBSC Materials, the Marks, or the Site, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, without the prior and express consent of OBSC.
You further acknowledge and agree to be bound to the following prohibitions:
Any use by you of any of the OBSC Materials, Marks, or Site, other than for your personal and non-commercial use, is strictly prohibited. You shall not reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the OBSC Materials, Marks, or Site, or use or access the Site, for any purpose other than for your personal, non-commercial use.
Except as expressly provided under these Terms of Use, you shall not create derivative works of the OBSC Materials, the Marks, or the Site, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, without the prior and express consent of OBSC.
You further acknowledge and agree to be bound to the following prohibitions:
Not to defame, harass, abuse, threaten, stalk or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.
Not to intentionally interfere with or damage, impair or disable the operation of the Site or any User’s enjoyment of it by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Site with the intended result of denying service to other Users.
Not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
Not to attempt to gain unauthorized access to the Site or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Site or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.
Not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form (other than contributing User Content as enabled by the Site’s functionality and in accordance with these Terms), nor to use modified versions of the Site, including for the purpose of obtaining unauthorized access to the Site or for the removal of any proprietary notices or labels on the Site.
Not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Not to utilize framing techniques to enclose any trademark, logo or other OBSC Materials without our express prior written consent. Not to use any Meta tags or any other “hidden text” utilizing the Marks without OBSC’s prior express consent.
Not to use any Marks as part of the link without our prior express consent.
Not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site to any third party.
Not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site or to insert your own or a third party’s advertising, branding or other promotional content on the Site. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Not to use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other User’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers.
Not to modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law.
Not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Not to use the Site to “stalk” or otherwise harass or harm another in any way.
Not to provide professional advice or post, upload, transmit, send or otherwise make available on or through the Site any User Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person.
Not to discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions we may make available on or through the Site, or attempt to manipulate, corrupt or otherwise affect the outcome of any such promotions, or to post, upload, transmit, send, or otherwise make available on or through the Site any User Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, cause, or promote activities that subvert or cause noncompliance with the rules, restrictions, and/or limitations applicable to such promotions.
Not to post, transmit or otherwise disseminate through the Site any User Content which we may determine is or will be: (a) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) cause to incite violence or other unlawful activity; or (iv) harmful to minors.
Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Site are solely between you and such advertiser or User. YOU ACKNOWLEDGE AND AGREE THAT OBSC SHALL NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY USERS CAUSED BY (A) ANY SUCH DEALINGS OR (B) THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
Not to intentionally interfere with or damage, impair or disable the operation of the Site or any User’s enjoyment of it by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Site with the intended result of denying service to other Users.
Not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
Not to attempt to gain unauthorized access to the Site or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Site or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.
Not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form (other than contributing User Content as enabled by the Site’s functionality and in accordance with these Terms), nor to use modified versions of the Site, including for the purpose of obtaining unauthorized access to the Site or for the removal of any proprietary notices or labels on the Site.
Not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Not to utilize framing techniques to enclose any trademark, logo or other OBSC Materials without our express prior written consent. Not to use any Meta tags or any other “hidden text” utilizing the Marks without OBSC’s prior express consent.
Not to use any Marks as part of the link without our prior express consent.
Not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site to any third party.
Not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site or to insert your own or a third party’s advertising, branding or other promotional content on the Site. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Not to use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other User’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers.
Not to modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law.
Not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Not to use the Site to “stalk” or otherwise harass or harm another in any way.
Not to provide professional advice or post, upload, transmit, send or otherwise make available on or through the Site any User Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person.
Not to discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions we may make available on or through the Site, or attempt to manipulate, corrupt or otherwise affect the outcome of any such promotions, or to post, upload, transmit, send, or otherwise make available on or through the Site any User Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, cause, or promote activities that subvert or cause noncompliance with the rules, restrictions, and/or limitations applicable to such promotions.
Not to post, transmit or otherwise disseminate through the Site any User Content which we may determine is or will be: (a) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) cause to incite violence or other unlawful activity; or (iv) harmful to minors.
Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Site are solely between you and such advertiser or User. YOU ACKNOWLEDGE AND AGREE THAT OBSC SHALL NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY USERS CAUSED BY (A) ANY SUCH DEALINGS OR (B) THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
Links and Third-Party Websites; Linking to the Site. You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted on the Site to be displayed on another website. You shall not download or use images hosted on the Site on another website, for any purpose, including posting such images on another website. You shall not link from any other website in any manner which causes the Site, or any page or portion of the Site, to be “framed, “surrounded or obfuscated by any third-party content, materials or branding. We may: (a) upon notice to you, require, on one or more occasion, that any link to the Site be discontinued; and (b) without prior notice and on or more occasion, revoke your right to link to the Site from any other website.
Reference Sites. OBSC, Users and other third parties may provide links on the Site to other sites, including the content therein (“Reference Sites”). OBSC has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Site. OBSC provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Site, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User Content, and/or the terms of use and privacy policy applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Site. OBSC may earn a portion of sales from products that are purchased through our Site as part of our affiliate partnerships with Reference Sites. Our Terms and our Privacy Policy will not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS AT YOUR SOLE RISK AND EXPENSE.
ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS AT YOUR SOLE RISK AND EXPENSE.
Purchases on Third Party Websites. In addition to purchases on the Site, the Site may permit you to make purchases of products or services through third party websites. The terms associated with your transactions for these services and/or products are subject to the terms of use and privacy policies of any such third-party websites. If you have problems or questions regarding a transaction with a third-party website, we encourage you to contact such third-party website directly.
Service Availability. OBSC may, on one or more occasion and without prior notice, make changes to or discontinue any of the media, web communities, products, or services available on the Site. If the media, products, or services on the Site are out of date, OBSC is not obligated to update such media, products, or services.
YOU AGREE THAT WITH RESPECT TO ANY FEEDBACK, ANALYSIS, SUGGESTIONS AND COMMENTS TO OBSC PROVIDED BY YOU (COLLECTIVELY, “FEEDBACK”), IN CONSIDERATION OF OBSC PROVIDING ACCESS TO THE SITE FREE OF CHARGE, USER HEREBY GRANTS TO OBSC THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. USER REPRESENTS AND WARRANTS THAT USER HAS THE RIGHT TO MAKE THE FOREGOING GRANT TO OBSC AND THAT ANY FEEDBACK WHICH IS PROVIDED BY USER TO OBSC DOES NOT INFRINGE ANY THIRD-PARTY INTELLECTUAL PROPERTY OR ANY OTHER RIGHTS. NOTWITHSTANDING THE FOREGOING, OBSC GRANTS TO YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, WORLD-WIDE, PERPETUAL AND IRREVOCABLE LICENSE TO USE THE FEEDBACK FOR YOUR OWN PERSONAL, NON-COMMERCIAL PURPOSES THAT DO NOT COMPETE, DIRECTLY OR INDIRECTLY, WITH OUR USE OF SUCH FEEDBACK.
YOU AGREE THAT WITH RESPECT TO ANY FEEDBACK, ANALYSIS, SUGGESTIONS AND COMMENTS TO OBSC PROVIDED BY YOU (COLLECTIVELY, “FEEDBACK”), IN CONSIDERATION OF OBSC PROVIDING ACCESS TO THE SITE FREE OF CHARGE, USER HEREBY GRANTS TO OBSC THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. USER REPRESENTS AND WARRANTS THAT USER HAS THE RIGHT TO MAKE THE FOREGOING GRANT TO OBSC AND THAT ANY FEEDBACK WHICH IS PROVIDED BY USER TO OBSC DOES NOT INFRINGE ANY THIRD-PARTY INTELLECTUAL PROPERTY OR ANY OTHER RIGHTS. NOTWITHSTANDING THE FOREGOING, OBSC GRANTS TO YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, WORLD-WIDE, PERPETUAL AND IRREVOCABLE LICENSE TO USE THE FEEDBACK FOR YOUR OWN PERSONAL, NON-COMMERCIAL PURPOSES THAT DO NOT COMPETE, DIRECTLY OR INDIRECTLY, WITH OUR USE OF SUCH FEEDBACK.
Terms of Use Violations; Termination. OBSC may, on one or more occasion and without prior notice: (a) terminate any account (including any part thereof) you have through the Site; (b) terminate your use of the Site; (c) modify, suspend or discontinue the Site and/or access to the Site; and (d) remove and discard all or any part of your account, the Site, and any User Content. If OSBC exercises its rights under this Section, OBSC shall not be liable to you or any third-party for any such exercise, even if your use of the Site is impacted by such exercise. OBSC’s rights under this Section are in addition to any other rights and remedies OBSC has at law or in equity.
INDEMNIFICATION. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, AND SECTIONS 24, 25 26, 31, AND 32 BELOW, THE TERM “OBSC” INCLUDES ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, AND SUBCONTRACTORS.
BY PURCHASING OR USING OBSC PRODUCTS OR SERVICES, YOU AGREE TO HOLD HARMLESS OBSC FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF: (A) YOUR USE OR MISUSE OF THE SITE, ANY OBSC PRODUCT, OR ANY OBSC MATERIAL; (B) YOUR USER CONTENT, INCLUDING OBSC’S USE, DISPLAY OR OTHER EXERCISE OF ITS RIGHTS GRANTED HEREIN WITH RESPECT TO SUCH USER CONTENT; (C) YOUR VIOLATION OF THESE TERMS OR PRIVACY POLICY; (D) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (E) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (F) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. OBSC MAY, AT YOUR SOLE EXPENSE AND WITHOUT WAIVING ITS RIGHT TO INDEMNIFICATION UNDER THIS SECTION, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE OBLIGATED TO INDEMNIFY OBSC, IN WHICH CASE YOU SHALL COOPERATE WITH OBSC AND OBSC’S LEGAL REPRESENTATIVE’S DEFENSE OF SUCH CLAIMS. YOU SHALL NOT SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATION UNDER THIS SECTION WITHOUT THE PRIOR EXPRESS CONSENT OF OBSC, WHICH OBSC MAY, UPON BECOMING AWARE OF AND USING REASONABLE EFFORTS TO, NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING.
BY PURCHASING OR USING OBSC PRODUCTS OR SERVICES, YOU AGREE TO HOLD HARMLESS OBSC FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF: (A) YOUR USE OR MISUSE OF THE SITE, ANY OBSC PRODUCT, OR ANY OBSC MATERIAL; (B) YOUR USER CONTENT, INCLUDING OBSC’S USE, DISPLAY OR OTHER EXERCISE OF ITS RIGHTS GRANTED HEREIN WITH RESPECT TO SUCH USER CONTENT; (C) YOUR VIOLATION OF THESE TERMS OR PRIVACY POLICY; (D) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (E) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (F) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. OBSC MAY, AT YOUR SOLE EXPENSE AND WITHOUT WAIVING ITS RIGHT TO INDEMNIFICATION UNDER THIS SECTION, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE OBLIGATED TO INDEMNIFY OBSC, IN WHICH CASE YOU SHALL COOPERATE WITH OBSC AND OBSC’S LEGAL REPRESENTATIVE’S DEFENSE OF SUCH CLAIMS. YOU SHALL NOT SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATION UNDER THIS SECTION WITHOUT THE PRIOR EXPRESS CONSENT OF OBSC, WHICH OBSC MAY, UPON BECOMING AWARE OF AND USING REASONABLE EFFORTS TO, NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING.
DISCLAIMER OF WARRANTIES.
NO WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OBSC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBSC OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION.
“AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK AND EXPENSE. THE SITE, OBSC MATERIALS, USER CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SITE OPERATION, NON-OBSC CONTENT, AND REFERENCE SITES: OBSC DOES NOT WARRANT THAT THE OBSC MATERIALS, USER CONTENT, NON-OBSC CONTENT, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. OBSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE
HARM TO YOUR COMPUTER OR OTHER DEVICES: YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR SOLE DISCRETION, EXPENSE, AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR OTHER DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO, SUCH INFORMATION, MATERIALS, OR DATA.
NO WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OBSC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBSC OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION.
“AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK AND EXPENSE. THE SITE, OBSC MATERIALS, USER CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SITE OPERATION, NON-OBSC CONTENT, AND REFERENCE SITES: OBSC DOES NOT WARRANT THAT THE OBSC MATERIALS, USER CONTENT, NON-OBSC CONTENT, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. OBSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE
HARM TO YOUR COMPUTER OR OTHER DEVICES: YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR SOLE DISCRETION, EXPENSE, AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR OTHER DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO, SUCH INFORMATION, MATERIALS, OR DATA.
: ANY HEALTH AND WELLNESS CONTENT AND OR INFORMATION IS DESIGNED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE OR TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE, AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOUR USE OF THE SITE WILL NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. USE OF THE SITE DOES NOT REPLACE MEDICAL CONSULTATIONS WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. OBSC DISCLAIMS ALL RESPONSIBILITY FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO ON THE SITE AND/OR ANY THIRD-PARTY WEBSITE. OBSC ENCOURAGES YOU TO NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, ESPECIALLY BECAUSE OF ANYTHING YOU READ ON THE SITE. ALTHOUGH OBSC STRIVES TO ENSURE THAT THE INFORMATION OBSC PROVIDES ON THE SITE IS CORRECT, OBSC DOES NOT AND WILL NOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP-TO-DATE. OBSC OFFERS THE SITE “AS IS” AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY: LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OBSC OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE OBSC MATERIALS AND USER CONTENT ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH OBSC, EVEN IF OBSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF DAMAGES: IN NO EVENT SHALL OBSC OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE LESSOR OF ONE HUNDRED DOLLARS (USD $100.00) OR, AS APPLICABLE, ONE-HALF OF THE ANNUAL PAYMENTS MADE BY YOU TO OBSC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
THIRD-PARTY PRODUCTS AND SERVICES: IF USERS USE THE SITE TO MARKET PRODUCTS AND/OR SERVICES, THE ABOVE DISCLAIMERS WILL APPLY WITH RESPECT TO ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES (OTHER THAN OBSC), WHICH ARE RECEIVED BY YOU THROUGH, OR ADVERTISED ON, THE SITE, THIRD-PARTY SITES, OR REFERENCE SITES.
LIMITATION OF LIABILITY: LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OBSC OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE OBSC MATERIALS AND USER CONTENT ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH OBSC, EVEN IF OBSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF DAMAGES: IN NO EVENT SHALL OBSC OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE LESSOR OF ONE HUNDRED DOLLARS (USD $100.00) OR, AS APPLICABLE, ONE-HALF OF THE ANNUAL PAYMENTS MADE BY YOU TO OBSC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
THIRD-PARTY PRODUCTS AND SERVICES: IF USERS USE THE SITE TO MARKET PRODUCTS AND/OR SERVICES, THE ABOVE DISCLAIMERS WILL APPLY WITH RESPECT TO ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES (OTHER THAN OBSC), WHICH ARE RECEIVED BY YOU THROUGH, OR ADVERTISED ON, THE SITE, THIRD-PARTY SITES, OR REFERENCE SITES.
LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
LIMITATIONS BY APPLICABLE LAW: CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS WILL NOT APPLY TO YOU, IN WHICH CASE: (A) YOU COULD HAVE ADDITIONAL RIGHTS; AND (B) DISCLAIMERS UNDER SECTION 24 APPLY TO YOU TO THE FULLEST EXTENT SUCH DISCLAIMERS ARE PERMITTED UNDER THE LAWS OF SUCH JURISDICTION.
BASIS OF THE BARGAIN: YOU ACKNOWLEDGE AND AGREE THAT OBSC HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OBSC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OBSC. YOU ACKNOWLEDGE AND AGREE THAT OBSC WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
LIMITATIONS BY APPLICABLE LAW: CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS WILL NOT APPLY TO YOU, IN WHICH CASE: (A) YOU COULD HAVE ADDITIONAL RIGHTS; AND (B) DISCLAIMERS UNDER SECTION 24 APPLY TO YOU TO THE FULLEST EXTENT SUCH DISCLAIMERS ARE PERMITTED UNDER THE LAWS OF SUCH JURISDICTION.
BASIS OF THE BARGAIN: YOU ACKNOWLEDGE AND AGREE THAT OBSC HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OBSC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OBSC. YOU ACKNOWLEDGE AND AGREE THAT OBSC WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE AND DISCLAIMER. FAILURE TO COMPLY WITH AND INCLUDE ALL OF THE INFORMATION DESCRIBED IN SECTION 27, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT WILL BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE PROCESS DESCRIBED IN SECTION 27.
WE ARE NOT YOUR ATTORNEYS AND DO NOT PROVIDE LEGAL COUNSEL. THE INFORMATION WE PRESENT IN SECTION 27 IS NOT LEGAL ADVICE AND PRESENTED FOR INFORMATIONAL PURPOSES ONLY.
WE ARE NOT YOUR ATTORNEYS AND DO NOT PROVIDE LEGAL COUNSEL. THE INFORMATION WE PRESENT IN SECTION 27 IS NOT LEGAL ADVICE AND PRESENTED FOR INFORMATIONAL PURPOSES ONLY.
Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-OBSC Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act(“DMCA”) by providing our Copyright Agent (as designated below) with the information described below, such information to be in writing (see 17 U.S.C. 512(c)(3) for further detail):
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 listing of such works or a link or URL to all such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Site;
Information reasonably sufficient to permit OBSC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OBSC’ designated Copyright Agent ( “Copyright Agent”) to receive notifications of claimed infringement is:
DOM LAW, PA
ATT: Domenick Lazzara, Esquire
1814 North 15th Street
Tampa, Florida 33605
P: 813.606.5036
F: 813.606.5336
E: dom@domlaw.com
We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, Users who may be infringers.
Notice and Takedown: If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
Copyright Counter-Notices: If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section512(g) of the DMCA, is as follows:
To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Site;
Information reasonably sufficient to permit OBSC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OBSC’ designated Copyright Agent ( “Copyright Agent”) to receive notifications of claimed infringement is:
DOM LAW, PA
ATT: Domenick Lazzara, Esquire
1814 North 15th Street
Tampa, Florida 33605
P: 813.606.5036
F: 813.606.5336
E: dom@domlaw.com
We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, Users who may be infringers.
Notice and Takedown: If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
Copyright Counter-Notices: If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section512(g) of the DMCA, is as follows:
To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below:
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification will be subject to liability. We have the right under these Terms of Use to terminate User accounts and access privileges for Users that are copyright infringers. If you are not sure whether certain material infringes your copyright or the copyrights of others, we encourage you to first seek legal counsel.
After we receive your counter-notification, we may forward it to the party who submitted the original claim of copyright infringement. If we forward the counter-notification, it will include certain Identifying Information contained in the counter-notification. Thus you acknowledge and agree that by submitting a counter-notification, you expressly grant OBSC consent to reveal such Identifying Information in this way. We will not forward the counter-notification to any party other than the original claimant and our Copyright Agent. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may reinstate the disputed item(s).
Elements of Counter-Notification: To expedite our ability to process your counter-notification, we encourage you to follow this format (including section numbers):
After we receive your counter-notification, we may forward it to the party who submitted the original claim of copyright infringement. If we forward the counter-notification, it will include certain Identifying Information contained in the counter-notification. Thus you acknowledge and agree that by submitting a counter-notification, you expressly grant OBSC consent to reveal such Identifying Information in this way. We will not forward the counter-notification to any party other than the original claimant and our Copyright Agent. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may reinstate the disputed item(s).
Elements of Counter-Notification: To expedite our ability to process your counter-notification, we encourage you to follow this format (including section numbers):
Identify the specific URLs of (or other information sufficient to allow us to identify) material that OBSC has removed or to which OBSC has disabled access.
Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your OBSC account.
Provide a statement that you consent to the jurisdiction of a federal court in which your address is located (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: dom@domlaw.com.
Foreign Counter-Notification: If you reside outside of the United States, then filing a counter-notice could lead to legal proceedings between you and the complaining party to determine ownership. There could be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. We have the right under these Terms of Use to terminate access privileges for Users that are copyright infringers. If you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we encourage you to first seek legal counsel. If you do wish to file a counter-notice, you should follow the process described above as Elements of Counter-Notification.
Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your OBSC account.
Provide a statement that you consent to the jurisdiction of a federal court in which your address is located (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: dom@domlaw.com.
Foreign Counter-Notification: If you reside outside of the United States, then filing a counter-notice could lead to legal proceedings between you and the complaining party to determine ownership. There could be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. We have the right under these Terms of Use to terminate access privileges for Users that are copyright infringers. If you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we encourage you to first seek legal counsel. If you do wish to file a counter-notice, you should follow the process described above as Elements of Counter-Notification.
Notices. OBSC may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you under these Terms of Use and the Privacy Policy will be deemed given twenty-four hours after an email is sent, unless OBSC is notified that the email addresses invalid, and if through postal mail, three days after the date of mailing. You must provide OBSC with notices under these Terms of Use or Privacy Policy only by mail or email only to the following addresses:
To: Oliver Bailey Skin Company, LLC
4352 W Kennedy Boulevard
Suite 271
Tampa, Florida 33609
info@oliverbaileyskin.co
cc: DOM LAW, PA
ATT: Domenick Lazzara, Esquire
1814 North 15th Street
Tampa, Florida 33605
dom@domlaw.com
To: Oliver Bailey Skin Company, LLC
4352 W Kennedy Boulevard
Suite 271
Tampa, Florida 33609
info@oliverbaileyskin.co
cc: DOM LAW, PA
ATT: Domenick Lazzara, Esquire
1814 North 15th Street
Tampa, Florida 33605
dom@domlaw.com
Choice of Law. You acknowledge and agree that these Terms of Use and all matters arising out of or relating to such Terms of Use or the Site, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the state of Florida, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Florida. Your further acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.
Alternative Dispute Resolution and Arbitration. For any dispute you have with us, you shall first contact us to attempt to resolve the dispute with us informally by providing notice under Section 28. If we have not been able to resolve the dispute with you informally, then we each agree and acknowledge that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be in accordance with this Section, and Sections 29, 31 and 32.
LIMITATIONS OF CERTAIN CAUSES OF ACTION. IF THERE EXISTS ANY CAUSE OF ACTION BROUGHT BY YOU WHICH ARISES OUT OF OR IS RELATED TO THESE TERMS OF USE OR THE SITE, AND SUCH CAUSE OF ACTION IS NOT COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES, THEN YOU SHALL BE PERMANENTLY BARRED FROM BRINGING SUCH CAUSE OF ACTION AGAINST OBSC.
Submission to Jurisdiction. You shall not commence any action, litigation or proceeding of any kind against OSBC, whether related to or arising under these Terms of Use or the Site, in any forum other than the US District Court for the Middle District of Florida or, if such court does not have subject matter jurisdiction, the courts of the state of Florida sitting in Hillsborough County, Florida, and any appellate court from such courts. You shall irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and shall bring any such action, litigation or proceeding only in the US District Court for the Middle District of Florida or, if such court does not have subject matter jurisdiction, the courts of the state of Florida sitting in Hillsborough County, Florida.
Monitoring and Enforcement; Termination. We may, without waiving any other rights or remedies available to us at law, in equity or under these Terms of Use, to report and provide information to any and all regulatory and law enforcement authorities and agencies, and take any action permitted by law, if, for any reason, we believe or have reason to believe, suspect or are notified of any act, omission or circumstances which does, will or could: (a) compromise or endanger the health, well-being or safety of any person; (b) cause or lead to damage to persons or property (tangible or intangible); (c) adversely affect, infringe upon or misappropriate the rights of others; (d) harass or interfere with any other user or person, firm or enterprise; (e) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities; (f) breach or violate these Terms; or (g) violate any law or regulation,.
Waiver and Severability. No waiver by OBSC of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OBSC to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
No Transfer or Assignment. You shall not transfer or assign any of the rights, obligations or licenses granted under these Terms of Use, and any such transfer or assignment will be void. OBSC may, without restriction, transfer and assign any of the rights, obligations, or licenses granted under these Terms of Use.
No Relationship. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship will exist between you and OBSC, or its affiliates or subsidiaries, as a result of these Terms, or caused by any use of the Site. You further acknowledge and agree that, except as otherwise provided for under these Terms of Use, by submitting User Content or other OBSC Content, no confidential, fiduciary, contractually implied or other relationship is created between you and OBSC and OBSC shall not assume any such duty or obligation.
Headings. The heading references herein are only for convenience purposes, and do not constitute a part of these Terms, nor be deemed to limit or affect any of its provisions.
Entire Agreement. This is the entire agreement between you and OBSC relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to such subject matter. All rights not expressly granted under these Terms of Use are reserved by OBSC without limitation.
Your Comments and Concerns. This Site is operated by:
Oliver Bailey Skin Company, LLC
4352 W Kennedy Boulevard
Suite 271
Tampa, Florida 33609
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 27 in the manner and by the means set out in that Section 27.
Subject to Section 28 and notice requirements contained under these Terms of Use, all other feedback, comments, requests for technical support, and other communications relating to these Terms of Use or the Site should be directed to OBSC’s email at: info@oliverbaileyskin.co.
Copyright © 2019-2020 Oliver Bailey Skin Company, LLC, and Elegant Title, LLC. All Rights Reserved.
Oliver Bailey Skin Co is a trademark of Elegant Title, LLC, an affiliate of Oliver Bailey Skin Company, LLC, United States Patent and Trademark Office Serial Number 88662081.
Oliver Bailey Skin Company, LLC
4352 W Kennedy Boulevard
Suite 271
Tampa, Florida 33609
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 27 in the manner and by the means set out in that Section 27.
Subject to Section 28 and notice requirements contained under these Terms of Use, all other feedback, comments, requests for technical support, and other communications relating to these Terms of Use or the Site should be directed to OBSC’s email at: info@oliverbaileyskin.co.
Copyright © 2019-2020 Oliver Bailey Skin Company, LLC, and Elegant Title, LLC. All Rights Reserved.
Oliver Bailey Skin Co is a trademark of Elegant Title, LLC, an affiliate of Oliver Bailey Skin Company, LLC, United States Patent and Trademark Office Serial Number 88662081.