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Terms of Use
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Terms of Use
1. Acceptance of Terms
Our Community Online, LLC ("OCO"), provides a collection of online resources,
which includes neighborhood chat rooms, classifieds and job market listings,
and a photo gallery.(collectively referred to hereafter as ("the Site")
subject to the following Terms of Use ("Terms"), which may be updated
by OCO from time to time. By using the Site in any way, you are agreeing
to comply with these Terms and any updates hereto. In addition, when using
particular OCO services, you agree to abide by any applicable posted guidelines
for all such services, which may change from time to time. Should you
object to any term or condition of these Terms, any guidelines, or any
subsequent modifications thereto or become dissatisfied with OCO in any
way, your only recourse is to immediately discontinue use of the Site.
2. Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted through,
or linked from the Site, are the sole responsibility of the person from
whom such Content originated. More specifically, you are entirely responsible
for all Content that you post, email or otherwise make available via the
Site. OCO does not take on any obligation or duty with respect to this
Content. OCO does not control the Content, nor are they responsible for
Content made available through the Service. User acknowledges that by
using the Site, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the components
of the Site and Content available through the Site may contain links to
other websites, which are completely independent of OCO. OCO makes no
representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Linking to any other websites
as part of the Site is done at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances
will OCO be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed
or otherwise made available via the Site. You acknowledge that OCO shall
have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via our forums, for violating
the letter or spirit of the Terms, the applicable guidelines or for any
other reason.
3. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCO 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 NONINFRINGEMENT.
OCO MAKES NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE
OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
OCO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY
OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS
RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO
YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SPONSOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
4. Privacy Policy and Information Disclosure
OCO has established a Privacy Policy to explain
to users how its information is collected and used, click here to view
our Privacy Policy. Your use of the Site signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree
that OCO may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce these Terms; respond to claims
that any Content violates the rights of third-parties; or protect the
rights, property, or personal safety of OCO, its users or the general
public.
Our Community Online, LLC, or people who post on the site, may provide
links to third party websites, which may have different privacy practices.
We are not responsible for, nor have any control over, the privacy policies
of those third party websites, and encourage all users to read the privacy
policies of each and every website visited.
5. Conduct
By way of example, and not as a limitation, you agree that OCO may remove
Content or terminate your account, without notice, if OCO believes, in
its sole discretion, that you, have posted, emailed or otherwise made
available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
- that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited
to, a OCO employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
- that includes personal or identifying information about another person
without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, or constitutes "bait
and switch";
- that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
- that constitutes or contains any form of advertising or solicitation
if (1) posted in areas of the OCO site which are not designated for
such purposes; or (2) emailed to OCO users who have requested not to
be contacted about other services, products or commercial interests.
- that advertises any illegal services or the sale of any items the
sale of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or regulated
by law
- 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;
- that disrupts the normal flow of dialogue with an excessive number
of messages (flooding attack) to the Site, or that otherwise negatively
affects other users' ability to use the Site; or
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful
purposes;
- use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Site -- an exception is
made for internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org) that comply with our robots.txt file; or
- attempt to gain unauthorized access to OCO's computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Site.
6. No Spam Policy
You understand and agree that sending unsolicited advertisements to OCO
or through OCO computer systems is expressly prohibited by these Terms.
Any unauthorized use of OCO computer systems is a violation of these Terms
and certain federal and state laws, including without limitation the Computer
Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject
the sender and his or her agents to civil and criminal penalties.
7. Use of Service by Minors
OCO is concerned about the safety and privacy of all of its users, particularly
children. To that end, parents of children under the age of 13 who wish
to allow their children to access the Service must authorize that access.
When you provide access to the Site to your child, you certify that you
are at least 13 years old and that you are the legal guardian of the child/children
and that you give your child permission to access all of the Site. Please
remember that the Site is designed to appeal to a broad audience. Accordingly,
as the legal guardian, it is your responsibility to determine whether
any of the Site and/or Content are appropriate for your child.
8. Limitations on Service
You acknowledge that OCO may establish limits concerning use of the Site,
including the maximum number of days that Content will be retained by
the Site, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Site, and the frequency
with which you may access the Site. You agree that OCO has no responsibility
or liability for the deletion or failure to store any Content maintained
or transmitted by the Site. You acknowledge that OCO reserves the right
at any time to modify or discontinue the Site (or any part thereof) with
or without notice, and that OCO shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site.
9. Termination of Service
You agree that OCO, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or
IP address, or otherwise terminate your access to or use of the Site (or
any part thereof), immediately and without notice, and remove and discard
any Content within the Site, for any reason, including, without limitation,
if OCO believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that OCO shall not be liable to
you or any third-party for any termination of your access to the Site.
10. Interaction with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Site, including requests for real estate or financial advice, payment
and delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such organizations and/or individuals. You agree that OCO shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. If there is a dispute between participants
on this site, or between users and any third party, you understand and
agree that OCO is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release
OCO, its officers, employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our service.
11. Proprietary rights
The Site is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Site is
protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction
or redistribution is prohibited. You further agree not to reproduce, duplicate
or copy Content from the Site, and agree to abide by any and all copyright
notices displayed on the Site. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in
the Site. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Site.
Although OCO does not claim ownership of content that its users post,
by posting Content to any public area of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to OCO
an irrevocable, perpetual, non-exclusive, fully paid, unrestricted, worldwide
license to use, copy, perform, display, and distribute said Content and
to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers)
of the foregoing.
12. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
OCO, its customer or its affiliates be liable to you for any damages of
any kind (including, but not limited to, compensatory damages, lost profits,
lost data or any form of special, incidental, indirect, consequential
or punitive damages whether based on breach of contract or warranty, tort,
product liability or otherwise) that result from the use of, or the inability
to use, this Site or the Content. You specifically acknowledge and agree
that OCO is not liable for any defamatory, offensive or illegal conduct
of any user. If you are dissatisfied with the OCO Site, or with any of
OCO's terms and conditions, your sole and exclusive remedy is to discontinue
using the Site.
13. Indemnification
You agree to indemnify, defend and hold harmless OCO from any loss, liability,
claim, demand, damage, or expenses (including reasonable attorney's fees)
asserted by any third party due to or arising from or in connection with:
(a) the Content you upload, submit, post, or transmit through the Site;
(b) your use of the Site; (c) your connection to the Site; (d) your violation
of the Terms of Service, or (e) your violation of the rights of another.
OCO reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you,
which shall not excuse your indemnity obligations.
14. Changed Terms
OCO reserves the right at its discretion to change or modify these Terms
and Conditions or to impose new conditions at any time. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by any lawful means including, without
limitation, posting of such changes on this page.
15. Advertisers Trademarks
Among other things, the Advertiser's logo and name are trademarks of the
Advertiser. You agree that you will not, without prior written permission,
display or use in any manner these trademarks.
16. Feedback & Violations of Terms of Use
Please report any feedback or violations of the Terms of Service to OCO
at the following address: info@ourcommonline.com.
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