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WEBSITE SERVICE AGREEMENT/TERMS OF USE
This site is part of http://OTOvault.com ("OTOvault") network and this
Website Service Agreement/Terms of Use governs the site that you are
currently viewing ("The Website")
- ACCEPTANCE OF TERMS
The services that OTOvault
provides to User is subject to the following Terms of Use ("TOU").
OTOvault reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the bottom of
our Web pages.
- This Agreement, which
incorporates by reference other provisions applicable to use of The
Website, including, but not limited to, supplemental terms and
conditions set forth hereof ("Supplemental Terms") governing the use of
certain specific material contained in The Website, sets forth the
terms and conditions that apply to use of The Website by User. By using
ARC (other than to read this Agreement for the first time), User agrees
to comply with all of the terms and conditions hereof. The right to use
The Website is personal to User and is not transferable to any other
person or entity. User is responsible for all use of User's Account
(under any screen name or password) and for ensuring that all use of
User's Account complies fully with the provisions of this Agreement.
User shall be responsible for protecting the confidentiality of User's
password(s), if any.
- OTOvault shall have the right at any time to change
or discontinue any aspect or feature of The Website, including, but not
limited to, content, hours of availability, and equipment needed for
access or use.
- CHANGED
TERMS
ARC shall have the right at any time to change or modify the terms and
conditions applicable to User's use of The Website, or any part
thereof, or to impose new conditions, including, but not limited to,
adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on The
Website, or by electronic or conventional mail, or by any other means
by which User obtains notice thereof. Any use of The Website by User
after such notice shall be deemed to constitute acceptance by User of
such changes, modifications or additions.
- DESCRIPTION OF SERVICES
Through its Web property, OTOvault provides User with access to a
variety of resources, including download areas, communication forums
and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU.
- EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of The Website and all charges related thereto.
- USER CONDUCT
- User shall use The
Website for lawful purposes only. User shall not post or transmit
through The Website any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without OTOvault express prior
approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in OTOvault's discretion restricts or
inhibits any other User from using or enjoying The Website will not be
permitted. User shall not use The Website to advertise or perform any
commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line
information services competitive with OTOvault
.
- The Website contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of The Website are copyrighted as a collective work under the
United Kingdom copyright laws. ARC owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as
in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of ARC and
the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
- User shall not upload, post or otherwise make
available on The Website any material protected by copyright, trademark
or other proprietary right without the express 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 rests
with User. User shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public
area of The Website, User automatically grants, or warrants that the
owner of such material has expressly granted OTOvault the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. User also permits any other
User to access, view, store or reproduce the material for that User's
personal use. User hereby grants OTOvault
the right to edit, copy, publish and distribute any material made
available on The Website by User.
- The foregoing provisions of Section 5 are for the
benefit of ARC, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
- USE OF SERVICES
The Services may
contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others (each a
"Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Communication
Services, User will not:
- Use the Communication
Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless User own or control the rights thereto or have
received all necessary consent to do the same.
- Use any material or information, including images or
photographs, which are made available through the Services in any
manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a
Communication Service that User know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed in such
manner.
- Falsify or delete any copyright management
information, such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
OTOvault has no obligation to monitor the
Communication Services. However, OTOvault reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. OTOvault reserves the right to
terminate User’s access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
OTOvault reserves the right at all times to disclose any information as
it deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in OTOvault's
sole discretion.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations if
User downloads the materials.
Always use caution when giving out any
personally identifiable information in any Communication Services.
OTOvault does not control or endorse the content, messages or
information found in any Communication Services and, therefore,
OTOvault specifically disclaims any liability with regard to the
Communication Services and any actions resulting from User’s
participation in any Communication Services. Managers and hosts are not
authorized OTOvault spokespersons, and their views do not necessarily
reflect those of OTOvault.
- MEMBER
ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an
account, User must complete the registration process by providing
OTOvault with current, complete and accurate information as prompted by
the applicable registration form. User also will choose a password and
a user name. User is entirely responsible for maintaining the
confidentiality of User’s password and account. Furthermore, User
is entirely responsible for any and all activities that occur under
User’s account. User agrees to notify OTOvault immediately of any
unauthorized use of User’s account or any other breach of
security. OTOvault will not be liable for any loss that User may incur
as a result of someone else using User’s password or account,
either with or without User’s knowledge. However, User could be
held liable for losses incurred by OTOvault or another party due to
someone else using User’s account or password. User may not use
anyone else's account at any time, without the permission of the
account holder.
- NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB
SITE
Any software that
is made available to download from the Services ("Software") is the
copyrighted work of OTOvault and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made available for download
solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OTOvault
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, OTOvault MAY
MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. OTOvault DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
- NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB
SITE
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies and
that both the copyright notice and this permission notice appear, (2)
use of such Documents from the Services is for informational and
non-commercial or personal use only and will not be copied or posted on
any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
OTOvault AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OTOvault
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL OTOvault AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. OTOvault AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL OTOvault AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
- MATERIALS PROVIDED TO OTOvault OR POSTED AT ANY OF
ITS WEB SITES
OTOvault does not claim ownership of the materials User provide to
OTOvault (including feedback and suggestions) or post, upload, input or
submit to any Services or its associated services for review by the
general public, or by the members of any public or private community,
(each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
User’s Submission User is granting OTOvault, its affiliated
companies and necessary sublicensees permission to use User’s
Submission in connection with the operation of their Internet
businesses (including, without limitation, all OTOvault Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Submission; to publish User’s
name in connection with User’s Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with
respect to the use of User’s Submission, as provided herein.
OTOvault is under no obligation to post or use any Submission User may
provide and OTOvault may remove any Submission at any time in its sole
discretion. By Posting a Submission User warrants and represents to own
or otherwise control all of the rights to User’s Submission as
described in these Terms of Use including, without limitation, all the
rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), User warrant and represent that (a) User is the
copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content
and/or images contained in such Images consistent with the manner and
purpose of User’s use and as otherwise permitted by these Terms
of Use and the Services, (b) User have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c)
that each person depicted in such Images, if any, has provided consent
to the use of the Images as set forth in these Terms of Use, including,
by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User’s private community (for each
such Images available to members of such private community), and/or (b)
to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use
User’s Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat User’s Images without having User’s name attached
to such Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time User completely remove such Images
from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time User
completely remove such Images. No compensation will be paid with
respect to the use of User’s Images.
- Disclaimer of Warranty; Limitation of Liability
- USER EXPRESSLY AGREES THAT USE OF The Website IS
AT USER'S SOLE RISK. NEITHER OTOvault, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT The Website WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF The Website, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH The
Website.
- The Website IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER 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 OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT OTOvault
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
- IN NO EVENT WILL OTOvault, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING The Website OR
THE OTOvault SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE The
Website. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
OTOvault, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN The Website, 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.
- PRIOR TO THE EXECUTION
OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
OTOvault, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, OTOvault, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
- FORCE MAJEURE – NEITHER PARTY WILL BE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT
SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM
ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
- LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE
OTOvault'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OTOvault
AND OTOvault IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. OTOvault IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. OTOvault IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY OTOvault OF THE SITE.
OTOvault is a distributor (and
not a publisher) of content supplied by third parties and Users.
Accordingly, OTOvault has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, Users or any other user of The Website, are those of the
respective author(s) or distributor(s) and not of OTOvault. Neither
OTOvault nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
In many instances, the content
available through The Website represents the opinions and judgments of
the respective information provider, User, or other user not under
contract with OTOvault. OTOvault neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement
made on The Website by anyone other than authorized OTOvault employee
spokespersons while acting in their official capacities. Under no
circumstances will OTOvault be liable for any loss or damage caused by
a User's reliance on information obtained through The Website. It is
the responsibility of User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content
available through OTOvault. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
- UNSOLICITED IDEA SUBMISSION POLICY
OTOvault OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF
THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
OTOvault'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO OTOvault. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
OTOvault OR ANYONE AT OTOvault. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT OTOvault MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
- MONITORING
OTOvault shall have the right, but not the obligation, to monitor the
content of The Website, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by
OTOvault and to satisfy any law, regulation or authorized government
request. OTOvault shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on The
Website. Without limiting the foregoing, OTOvault shall have the right
to remove any material that OTOvault, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
- INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
OTOvault, 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 OTOvault by User
or User's Account.
- TERMINATION
Either OTOvault or User may terminate this
Agreement at any time. Without limiting the foregoing, OTOvault shall
have the right to immediately terminate User's Account in the event of
any conduct by User which OTOvault, in its sole discretion, considers
to be unacceptable, or in the event of any breach by User of this
Agreement.
- MISCELLANEOUS
This Agreement and any operating rules for The
Website established by OTOvault constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to
such subject matter. This Agreement shall be construed in accordance
with the laws of the [STATE/PROVINCE, COUNTRY], without regard to its
conflict of laws rules. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
- COPYRIGHT NOTICE
OTOvault its logos are trademarks of OTOvault. All rights reserved. All
other trademarks appearing on OTOvault are the property of their
respective owners.
- TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. The
example companies, organizations, products, domain names, email
addresses, logos, people and events depicted herein are fictitious. No
association with any real company, organization, product, domain name,
e-mail address, logo, person, or event is intended or should be
inferred.
Any
rights not expressly granted herein are reserved.
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OTOVAULT.COM IS POWERED BY
JVMANAGER™ 2 DELAVO™ AND IS A SERVICE RUN BY NICK
BULLIMORE. OTOVAULT.COM IS A SEPARATE ENTITY AND IS NOT
ASSOCIATED WITH THE INTERNET COMPANY LLC. JVMANAGER™ AND
DELAVO™ ARE TRADEMARKS OF THE INTERNET COMPANY LLC
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