1. Your Agreement to the Terms.
2. Changes to the Terms.
3. User Conduct.
4. Terms Relating to Content on the Websites and Services.
5. Third Party Websites and Content; Links.
6. Participating in Our Community: Registered Users.
7. DISCLAIMER OF WARRANTIES.
8. LIMITATION OF LIABILITY.
11. Copyright Complaints.
12. Termination of this Agreement.
YOUR ACCESS OR USE OFANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.2. Changes to the Terms.
From time to time Offscores may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Offscores it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Offscores that arose prior to the effective date of any modification and if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.3. User Conduct.
Users agree not to use the Websites or Services to:
1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
5. Intimidate or harass another;
6. Use or attempt to use another’s account, service, or personal information;
7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
11. Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
a. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Offscores does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Offscores liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
b. Licenses Associated With Content on the Websites and Services.
i. Content: All Content (other than computer software) owned by Offscores and made available by Offscores on the Websites or through the Services is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License, unless marked otherwise.
c. Content You Provide.You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Offscores may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Offscores determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Offscores does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Offscores to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and Offscores will take reasonable steps to promptly remove such Content if Offscores chooses to do so.
d. Use of Content on the Website or Services.You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Offscores that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Offscores does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.
The Websites or Services may contain links to websites not controlled by Offscores (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Offscores (“Third Party Content”). You acknowledge that Offscores is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Creative Commons licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Creative Commons license. You further acknowledge that Offscores (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.6. Participating in Our Community: Registered Users.
Registering for an account on any of the Websites, is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Terms and any Additional Terms specified on the relevant Website. Offscores reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Offscores disclaims any and all liability to Registered Users and third parties in the event Offscores exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Offscores, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Offscores has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
No Membership in Offscores. As used in these Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Offscores for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Terms or applicable Additional Terms.
In addition, Offscores may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Offscores deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by Offscores at any time and for any reason whatsoever, without notice.
In addition, Offscores reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Offscores in its complete discretion.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, OFFSCORES OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OFFSCORES DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OFFSCORES’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OFFSCORES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.8. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL OFFSCORES, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE OFFSCORES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE OFFSCORES PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
Offscores respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
These Terms and any Additional Terms will continue to apply until terminated by either you or Offscores as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms or Additional Terms that may apply to any of the Websites or Services.
Offscores may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as Offscores deems appropriate in its sole discretion.
Your access to, and use of, the Websites or Services may be terminated by you or by Offscores at any time and for any reason. Offscores will use reasonable efforts to notify you in advance about any material modification, suspension or termination by Offscores that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.