General Information
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.ohlocal.com ("OhLocal"), are provided to you under the terms and conditions of this OhLocal Terms of Service ("ETS"), and any operating rules or policies that may be published by OhLocal at the URL: www.OhLocal.com (the "Service"). The ETS comprises the entire agreement between you and OhLocal and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING OhLocal, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use OhLocal as long as you adhere to these Terms of Service.
SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
User:
You have to be 18-year or older to use this site.
CONTENT:
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, reviews, photos or images posted by you or posted to your My Info Page and information, photos, images, sound files or other Content posted by you in a Public or Private Event, or OhLocal eCard. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. OhLocal does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the OhLocal Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will OhLocal be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of OhLocal's Privacy Policy, you agree if you post any Content on the OhLocal Service, you grant to OhLocal, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom OhLocal has a relationship. You also grant OhLocal the right to authorize the downloading and printing in whole or in part of any Content that you post to the OhLocal Service. Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
COPYRIGHT POLICY/INFRINGING MATERIAL:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the OhLocal Service without your permission or in any way that constitutes copyright infringement, please provide OhLocal with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the OhLocal Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership.
USER CONDUCT:
OhLocal reserves the right, but does not assume the responsibility, to monitor or review your conduct on the OhLocal Service. Your use of the OhLocal Service is subject to all applicable local, state, national and international laws and regulations. In using the OhLocal Service you agree not to:
*Use the OhLocal Service for illegal purposes;
*Interfere or disrupt networks connected to the OhLocal Service or violate the regulations, policies or procedures of such networks;
*Use the OhLocal Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
*Transmit through the OhLocal Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the OhLocal Service;
*Transmit through the OhLocal Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the OhLocal Service;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the OhLocal Service any directory of OhLocal's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this ETS;
*Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
*Engage in any other conduct which, in OhLocal's sole discretion, is considered inappropriate, unauthorized or objectionable.
POSTING RESTRICTIONS:
OhLocal prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on OhLocal.com include but are not limited to:
*Academic, Beta or OEM Software
*Copyright or Trademark-Sensitive Goods
*Counterfeit or Knock-Off Goods (including currency & stamps)
*Fireworks, Explosives, & Hazardous Materials
*Gambling Items
*Goods Made From Protected Animal/Plant Species
*Government IDs
*Hacking/Surveillance/Interception/Descrambling Equipment
*Human Parts, Bodily Fluids & Human Remains
*Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
*Individual Contracts or Non-Transferable Items
*Items Subject to Embargo
*Offensive Material (items that promote hatred, violence, racism, or intolerance)
*Police-Related Items
*Prescription/OTC Drugs & Medical Devices
*Recalled Items
*Stocks, Bonds & Securities
*Stolen Property or Items Used For Theft
*Weapons & Ammunition
*The sale of alcohol to persons not of lawful age
*The sale of tobacco products to persons not of lawful age
OhLocal prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. OhLocal reserves the right to investigate and take appropriate legal action against anyone who, in OhLocal's sole discretion, violates this provision, including without limitation, removing the offending communication from the OhLocal Services and terminating the Membership of such violators without any refund.
TERMINATION:
You may terminate your participation in the OhLocal Service with or without cause at any time and effective immediately. OhLocal may terminate the OhLocal Service or your use of the Service with or without cause at any time and effective immediately, at OhLocal's sole discretion, including but not limited to immediate termination of your use of the OhLocal Service should your conduct fail to conform to the terms and conditions of this ETS. OhLocal shall not be liable to you or any third party for termination of the OhLocal Service or termination of your use of the OhLocal Service. Should you object to any terms and conditions of the ETS or any subsequent modifications OhLocal makes to the ETS or become dissatisfied with the OhLocal Service in any way, your only recourse is to immediately: (1) discontinue use of the OhLocal Service; and (2) notify OhLocal of your termination and, at your discretion, notify OhLocal of the reasons for your termination. Upon termination of your use of the OhLocal Service, your right to use the OhLocal Service shall cease immediately. You shall have no right and OhLocal will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE OhLocal SERVICE IS AT YOUR SOLE RISK. THE OhLocal SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OhLocal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OhLocal MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. OhLocal MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT OhLocal DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO OhLocal FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. OhLocal ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE OhLocal SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE OhLocal SERVICE. OhLocal MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OhLocal OR THROUGH THE OhLocal SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
OhLocal SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OhLocal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH OhLocal OR A THIRD PARTY THROUGH THE USE OF THE OhLocal SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT OhLocal IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE OhLocal SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:
OhLocal reserves the right to modify or discontinue the OhLocal Service with or without notice to you. OhLocal shall not be liable to you if OhLocal modifies or discontinues its Service. OhLocal may change the terms and conditions of the ETS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this ETS, OhLocal may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new ETS on the OhLocal Service. By using the OhLocal Service after any change in the ETS you acknowledge and accept changes to the ETS.
