Effective Date: June 16, 2014
BY REGISTERING WITH OMGOSSIP.COM , YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
OMGossip.com reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.
- Registration. In order to access some Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
- Email Communication. You must provide your electronic mail (“email”) address when registering to access some Services. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of OMGossip. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (ii) by clicking on the “unsubscribe” link in emails.
- Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. OMGossip reserves the right to discontinue any aspect of the OMGossip Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by OMGossip and its licensors.
You will not:
- use the Site or Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail;
- license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
- modify or make derivative works based upon the Site or Services; or
- reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
- access or make use of the Services and Site by scripts or automated services; or
- impersonate any person or use a name that you are not authorized to use; or
- compromise violate or impair system or network security or operation; or
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; or
- publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; or
- advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; or
- transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; or
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; or
- restrict or inhibit any other user from using and enjoying any public area within the Site; or
- collect or store personal information about other users on the Site
- Establish any external link within the Site; or
- engage in any illegal activities.
Ownership of Intellectual Property. OMGossip and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, trade secret, proprietary, and database protection rights. OMGossip name and logo are trademarks of OMGossip, and no right or license is granted to you herein to use such trademarks.
Data Collection. OMGossip will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). To the extent that any Results are collected by OMGossip, such Results will be solely owned by OMGossip and may be used by OMGossip for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
Representations and Warranties. You represent, warrant and covenant for the benefit of OMGossip that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to OMGossip in connection with this Agreement and your access to the Site and use of the Services is correct and current.
Indemnification. You will indemnify, defend, and hold harmless OMGossip and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. OMGossip will provide you with notice of any such claim or allegation, and OMGossip will have the right to participate in the defense of any such claim at its expense.
Disclaimer. YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. OMGOSSIP DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SITE AND THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SITE OR THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. OMGOSSIP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY OMGOSSIP WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
ADDITIONALLY, YOU ACKNOWLEDGE THAT NEITHER OMGOSSIP, THE SERVICES, OR ITS SITE MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING COUNSELING, OCCUPATIONAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE INFORMATION, CONTENT, SERVICES, OPINIONS AND PRODUCTS PROVIDED ON THIS SITE ARE NOT AND SHOULD NOT BE CONSIDERED PROFESSIONAL OR OCCUPATIONAL ADVICE. OMGOSSIP YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY OMGOSSIP IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES SHALL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
Linked Sites. The Site may contain links to third party sites that are not under the control of OMGossip, and OMGossip is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. OMGossip provides links only as a convenience and the inclusion of the link does not imply that OMGossip endorses or accepts any responsibility for the content on those third party sites. OMGossip welcomes links to the Site. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
Notices. All notices by you under this Agreement must be delivered in writing by courier, by email to firstname.lastname@example.org, or by certified or registered mail (postage prepaid and return receipt requested) to OMGossip’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. OMGossip may deliver a notice to you by posting of a general notice on the Site, which will be effective upon posting to the Site.
Termination. OMGossip may terminate your use of the Site and Services, without cause, at any time and without notice to you. Termination pursuant to the foregoing sentence shall terminate your access to any Services. OMGossip shall not be liable to you or to any third party for termination of your use of the Site or Services for any reason.