You are solely responsible for your use of the Site and Services. You certify to Olapic that if you are an individual (i.e., not a corporation) you are at least 18 years of age or have parental consent. You also certify that you are legally permitted to use the Services and access the Site.
Because Olapic merely serves as a repository of information, User Generated Content does not represent the advice, views, opinions or beliefs of Olapic, and Olapic makes no claim of accuracy of any such content. Olapic allows for the upload of user photos, graphics, audio, video and comments ("User Content" or “User Generated Content”) and may include links to third party websites. This User Content, and any linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for any User Content, linked third-party website or anything therein. The inclusion of User Content and/or links on the Site or Services does not imply any endorsement by or any affiliation with Olapic.
Olapic shall have the right at any time to change or discontinue any aspect or feature of the Site or Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
User Generated Content
By submitting User Content, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Olapic, its affiliates and its licensees, a non-exclusive, perpetual, worldwide license to: edit, reproduce, use, create derivative works from, distribute, display and otherwise exhibit the User Content you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.
You also hereby grant each user of the Site and Service a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these TOU.
You represent and warrant to Olapic that you have the full legal right, power and authority to grant to Olapic the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license. You represent and warrant to Olapic that you will not contribute any User Content that: (a) infringes, violates or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to reveal it; (c) infringes on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You are solely responsible for any User Content that you submit. You may be held legally liable for the User Content that you submit and may be held legally liable if your submissions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Olapic reserves the right to remove any User Content from the Site and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.
Any User Content within the Site or Services do not represent the views of Olapic or any individual associated with Olapic. In no event shall you represent or suggest, directly or indirectly, Olapic's endorsement of User Content. Olapic does not vouch for the accuracy or credibility of any User Content on our Site or Services, and does not take any responsibility or assume any liability for any actions you may take as a result of accessing User Content on the Site or Services. Through your use of the Site and Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site or Services, you assume all associated risks.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Olapic through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Olapic is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Olapic shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, and through any type of media; (d) Olapic may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Olapic without any obligation of Olapic to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Olapic under any circumstances.
Feeds and API
Olapic may provide access to portions of its Site and Services via RSS feeds and an API; for the purpose of these TOU, any such access constitutes use of the Site and Services. Olapic asks that you use these features respectfully, as outlined in these Terms and on the Site. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Olapic database or to reproduce, duplicate or copy the Olapic Site or Services. Olapic reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason.
Third Party Sites and Links
The Olapic Site and Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and the entire contents of the Olapic Site and Services. Olapic owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Olapic, the Olapic logo and the Olapic design are trademarks or trade dress of Olapic, and may not be used without express written permission from Olapic, other than for attribution.
You may, to the extent the Site expressly authorizes you to do so, download or copy software accessible from the Site or User Generated Content, for personal use only, provided that you maintain all copyright and other notices contained in such content. You shall not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part unless expressly authorized to do so. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. Unless otherwise expressly agreed upon, you acknowledge that you do not acquire any ownership rights by using the Olapic Site or Services.
All other trademarks not owned by Olapic that appear on this Site or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Olapic. Except as set out in these Terms, no reproduction or storing of any third-party content or User Content within the Olapic Site or Services is permitted without written permission from the copyright holder of such content.
By uploading, posting or otherwise making available User Content on the Site or Services, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on the Site or Services any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
If you believe that any material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following "Designated Agent" for purposes of receiving notice under the DMCA relating to the Site and Services:
Attn: Olapic Designated Agent
151 West 25h Street, Floor 5, New York, NY 10001
To be effective, the written notification must include the following:
- 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 at a single website are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Olapic to locate the material;
- Information reasonably sufficient to permit Olapic 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.
Once proper infringement notification is received by the Designated Agent, it is Olapic's policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Site and Services.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Olapic’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Olapic may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.
Upon receipt of a counter notification, containing the information as outlined above, Olapic shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Olapic shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Olapic's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Olapic Site or Services.
Limitation of Liability
THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, RECORD; WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USERS, VISITORS OR THIRD PARTY ADVERTISERS OR SPONSORS OF THE OLAPIC SITE OR SERVICES; AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL OLAPIC, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE OLAPIC SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OLAPIC SITE OR SERVICES OR ANY THIRD PARTY LINKS WITHIN THE OLAPIC SITE OR SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE OLAPIC SITE AND SERVICES.
IN ADDITION, NEITHER OLAPIC, NOR ITS PARENT OR AFFILIATED COMPANIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE OLAPIC SITE OR SERVICES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
OLAPIC DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION OR FOR ANY UNAUTHORIZED DISCLOSURE OF USER CONTENT THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER CONTENT WITHIN THE OLAPIC SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE TO OLAPIC’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE OLAPIC SITE OR SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimer of Warranty
IN PARTICULAR, OLAPIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR SERVICES WILL BE CORRECTED.
You agree to defend, indemnify and hold harmless Olapic, its affiliates and their respective directors, officers, employees and agents, from and against all claims and expenses (including attorneys' fees) arising out of the use of the Olapic Site or Services, by you or any other person using an account of yours. Olapic reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Olapic with such cooperation as is reasonably requested by Olapic.
Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to email@example.com or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:
Olapic, Inc. Attn: Legal 151 West 25th Street, Floor 5 New York, NY 10001 Copyright 2014 Olapic, Inc. All rights reserved.
Last updated: January 27, 2014