- Scope and Terms
- Use of the Site
- Privacy and Security
- Services and Content
- WiFi in the Parks(TM)
- Links to Third Party Sites
- Intellectual Property
- Disclaimer of Warranty
- Limitation of Liability
- Provisions of These Terms and Conditions
1. Scope and Terms - Site
- These Terms govern your use of all content, products or services available through Site. You agree to be bound by these Terms, and to use Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Site or its third party providers.
Additional Terms - Additional terms, may apply when you purchase products or services, or when you participate in sweepstakes, raffle, or other promotions. These additional terms are found in the area of Site where you will purchase a product or service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions imposed by any of Site's licensors, suppliers, or information providers.
You are responsible for reviewing the forms that you fill out when you purchase products or services, or participate in sweepstakes, raffles or other promotions.
Age and use restrictions - In order to use this Site, or any other electronic media operated by APN either directly or indirectly, you must be 13 years of age or older and must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and you must abide by and comply with these Terms and may not use the Site if you have previously been banned from any Site or if you are a competitor to APN Media. Competitors are prohibited from using the Site. You may not use the Site where doing so is prohibited by any applicable law or regulation. ANY USE OR ACCESS BY ANYONE UNDER THE AGE OF 13 IS PROHIBITED. If you are between 13 and 18 years of age, you must be an emancipated minor or have a parent or legal guardian's consent. If using the site on behalf of any organization, company or other entity you must be authorized for any use of this Site, including submission thereto. We reserve the right to deny access to anyone for any reason whatsoever including the violation of these Terms.
Products - Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Parental Controls - We cannot ensure that anyone under the age of 13 does not visit this site, or submit reviews or photos. We must rely on parents and guardians to monitor their children's access to the Internet. There are protections such as computer programs and filters that may assist you in limiting access to the Internet. Please take responsibility for how your children access the Internet.
Responsible party - You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in the My Account areas of Site. In addition, you will be financially accountable for all use of Site by you and anyone using your password and login information.
2. Use of the Site
- License - APN grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to Site; any rights or licenses not expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use Site only for your personal, non-commercial use, and not to provide services to a third party or to advertise any third party products or services.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the content on Site.
If you do so, you may not modify the content in any way, and you must reproduce APN Media, LLC's copyright notice (or the Provider's notice as applicable) in the form: (c)1994-2013 APN Media, LLC All rights reserved, as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
- Reverse engineer any part of this Site; or
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties
Other Limitations - Unless otherwise provided within these Terms, or unless specific applicable law requires APN Media, LLC to allow you to do so, you may not do any of the following without the prior written consent of APN Media, LLC, including when posting or submitting user content such as information or reviews about your travel experiences or about travel products or services:
- Imply in any fashion that APN Media, LLC or OhRanger.com is endorsing your products or services;
- Place false or misleading information on the Site,
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any party's privacy, copyright, patent, trademark or intellectual property rights or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
- Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by APN Media, LLC, other Site users or members;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of the Site, or take any action that impose an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Site, or impersonate any person or entity, including a travel service provider or an employee of APN Media, LLC
Member ID and Password - Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to APN Media, LLC, about yourself, and others, is true and accurate.
Termination - APN Media, LLC, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. APN Media, LLC shall not be responsible to you to such suspension or termination.
Changes - Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on the Site. You agree that APN Media, LLC shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications.
3. Privacy and Security
4. General Services and Content
- We will use our reasonable commercial efforts to keep the Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
- The content on our web sites are intended for information purposes only. There might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by third parties. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through our sites or obtained from a linked site.
- We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
5. WiFi in the Parks(TM) -
AUTHORIZED USE OF THIS SERVICE - YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR ACTIVITIES WHILE USING THIS SERVICE (INCLUDING FOR ANY CONTENT, INFORMATION, AND OTHER MATERIALS YOU ACCESS OR TRANSMIT VIA THIS SERVICE), AND THAT YOU SHALL BEAR ALL RISKS REGARDING USE OF THIS SERVICE. YOU AGREE NOT TO USE THIS SERVICE TO ENGAGE IN ANY PROHIBITED CONDUCT. "Prohibited Conduct" is any conduct that is unlawful, infringing (such as downloading copyright protected material without the owner's permission), intentionally harmful, or otherwise of a nature that a reasonable individual should know would violate another party's rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
CONSEQUENCES OF UNAUTHORIZED USE - Without limiting any other available right or remedy, APN reserves the right to, and you agree that, to: (i) take actions they deem appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing offending material, blocking access, and suspending service),
and (ii) investigate immediately and cooperate with appropriate authorities regarding any actual or suspected unauthorized activities involving this Service. You agree that you will be liable to APN and its partners for any damages incurred or amounts that are required to be paid by APN and its partners that arise out of, or are related to, your violation of this Agreement. APN reserves the right to monitor or intercept transmissions via this service for lawful purposes and to disclose such information in cooperation with legal authorities, and as otherwise required to protect rights and interests.
YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that APN makes no assurances that your communications, or activities while using the Services, will be (or will remain) private or secure. You agree that you are solely responsible for your own privacy and security in using this Service, and for implementing appropriate measures to protect and secure your privacy, and your hardware, software and systems.
SERVICE SUBJECT TO INTERCEPTION: As with all WiFi systems, communications over the WiFi in the Parks(TM) network may be subject to interception by unauthorized third parties. Although APNuses reasonable efforts to provide you with a reliable service, your use of WiFi in the Parks(TM) WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of WiFi in the Parks(TM) WiFi.
6. Links to third party sites from Site
- For your convenience, Site provides links to other sites. When you click on one of these links, you are leaving the Site and entering another site. We are not responsible for such third party Web sites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
- We welcome links from a third party site to the home page of the Site, through a plain text link, provided that (a) you give APN Media, LLC prior written notice of such link by contacting firstname.lastname@example.org.
or Customer Service, American Park Network
43 W 24 St.
New York, NY 10010
212-245-4226 (fax) to request APN Media, LLC's permission to establish the link; (b) you discontinue providing a link to the Site if so requested by APN Media, LLC; (c) you do not imply in any fashion that APN Media, LLC is endorsing any of your products or service or is affiliated with you, (d) you do not present APN Media, LLC in a false light, or provide misleading or false information about APN Media, LLC, or services affiliated with or available through APN Media, LLC or the Site, (e) you do not remove or obscure the copyright notices, or other notices on the Site; (f) you do not use any mark of APN Media, LLC; and (g) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
7. Intellectual Property
- APN Media, LLC, its owner or affiliates control and operate Site. All content on Site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned by APN, its owner, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Content Providers") that have licensed their content or the right to market their products and/or services to APN Media, LLC Trademarks, copyrights or other third-party intellectual property referred to on Site are the property of their respective owners, and use on the Site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of APN Media, LLC or the Content Providers.
Your Comments and Submissions - Any communications or materials you transmit to APN, through the Site, by electronic mail, direct social response, or otherwise, including any data, question, comment, rating of a property or attraction, suggestion, idea, photo, image, video, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to APN Media, LLC, or by posting on the Site any Communications or Materials, you grant APN Media, LLC, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications or Materials in any form, media or technology. Furthermore, by voluntarily submitting to APN Media, LLC any Communications or Materials you agree to assume all liability associated with or stemming from your submission. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
8. Disclaimer of Warranty
- APN Media, LLC and its providers make no warranty of any kind regarding the Site, or the content, products or services contained on the Site, all of which are provided on an "as is" basis. APN Media, LLC and its providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete or timely. The fact that APN Media, LLC is including or offering any product or service on the Site is not an endorsement or a recommendation of the product or service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, APN MEDIA INC. AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
9. Limitation of Liability
Subject to applicable law, use of the Site and its content is at your sole risk. Services and products made available on the Site are subject to conditions imposed by the providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through the Site are independent contractors, and not agents or employees of APN Media, LLC IN NO EVENT WILL APN MEDIA INC. OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THE SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF THE SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY APN MEDIA INC. OR ANY PROVIDER, OR (IV) 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, EVEN IF APN MEDIA INC. AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, APN Media, LLC or a provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then APN Media, LLC and the providers' liability will in no event exceed, in total, the sum of US $250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You agree to defend and indemnify APN Media, LLC and any provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against APN Media, LLC as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of the Site.
- The laws of the State of New York (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of the site or these Terms, you agree to file such action only in the state and federal courts located New York, NY (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
- Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with APN Media, LLC You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between APN Media, LLC relating to your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
- Prior Terms and Conditions - These Terms supersede any prior Terms and Conditions relating to the use of the Site that were displayed on the Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms provided elsewhere in the Site.
Written documents - You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification - To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
VIDEO UPLOAD : Terms of Service
1. Your Acceptance
A. The Site, including all content and functionality available through the Site and affiliated domain names, as well as any video or other content posted by you in conjunction with the Oh, Ranger! Story Tour (collectively, the "Site") is a proprietary product owned solely by APN Media, LLC (the 'Publisher'). By using and/or visiting the Site, you signify your agreement to (1) the following terms and conditions (the "Terms of Service"), and (2) the Site's privacy notice, found at http://www.ohranger.com/info/privacy-statement and incorporated here by reference (collectively, the 'Agreement'). If you do not agree to any of the Terms of Service or the Site privacy notice, please do not use the Site.
B. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version at http://www.ohranger.com/info/terms-and-conditions. Publisher may, in its sole discretion, modify or revise the Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. For good and valuable consideration, receipt of which is hereby acknowledged, you hereby grant to Publisher and its respective subsidiaries, affiliates, licensees, successors, agents and assignees, the right and permission to use your name, image and likeness (collectively "Likeness"), as contained in content submitted to Site, including but not limited to video content ("User Videos") and textual content ("User Comments") (collectively, User Videos and User Comments are referred to as "User Submissions") in any and all media, worldwide, in perpetuity, including for promotion, publicity, or any lawful use in connection with Publisher and/or Publisher's business or products, or to license to any other third party for any lawful use.
Nothing in this Agreement shall obligate Publisher to use your Likeness in any manner at any time. If your Likeness is used, you hereby waive all rights to inspect and approve the finished product, its use or such written or spoken copy as may be used in connection therewith, including, without limitation, any photographs, statements, representations, identity and biographical information used in connection with or attributed to your Likeness, including in connection with any real or fictitious person.
You agree that you will not hold Publisher or anyone who receives permission from Publisher, responsible for any liability resulting from the use of your Likeness in the Materials accordance with the terms hereof, including what might be deemed to be misrepresentation of you, your character or your person.
You agree further that you are not entitled to any compensation in connection with the exercise by Publisher of the rights granted hereunder. Notwithstanding the foregoing, in the event Publisher desires to use the Materials containing your Likeness in a manner which falls within the jurisdiction of the Screen Actors Guild Commercials Contract (the "SAG Commercials Contract"), or any successor SAG Commercials Contract, and constitutes a principal performance thereunder, you agree to accept payment in accordance with the applicable scale rate in the SAG Commercials Contract in effect at such time, and that any such use of the Materials and your Likeness shall be subject to all of the terms and conditions of the SAG Commercials Contract. In such event, you also agree to execute and return to Publisher a standard SAG contract.
A. This Agreement applies to all users of the Site, including users who are also contributors of video content, information, and other materials or services on the Site. The Site includes all aspects of Site, including but not limited to all products, software and services offered.
B. Any Site may contain links to third party Sites that are not owned or controlled by the Site. The Site has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Sites. In addition, the Site will not and cannot censor or edit the content of any third-party site. By using the Site , you expressly relieve Publisher from any and all liability arising from your use of any third-party Site or other electronic media.
3. Site Accounts
A. In order to access some features of the Site, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Publisher immediately of any breach of security or unauthorized use of your account.
B. Although Publisher will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Publisher or others due to such unauthorized use.
4. General Use of the Site - Permissions and Restrictions
Publisher hereby grants you permission to access and use the Site as set forth in this Agreement, provided that:
A. You agree not to publish or distribute in any medium any part of the Site, including but not limited to User Submissions, without Site APN Media, LLC's prior written authorization, except as otherwise provided for in this Agreement.
B. You agree not to alter or modify any part of the Site.
C. You agree not to access User Submissions or Site content through any technology or means other than the video playback pages of the Site itself or other explicitly authorized means APN Media, LLC may designate.
D. You agree not to use the Site for any commercial use, without the prior written authorization of Publisher. Prohibited commercial uses include any of the following actions taken without Publisher's express written approval:
* sale of access to the Site or its related services on another Site;
* use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on Site or any third-party Site, targeted to the content of specific User Submissions or Site content;
* and any use of the Site or its related services that Publisher finds, in its sole discretion, to use Publisher's resources or User Submissions with the effect of competing with or displacing the market for Site, Site content, or its User Submissions.
E. Prohibited commercial uses do not include:
* uploading an original video to the Site;
* show Site User Submissions on an ad-enabled blog or Site, provided the primary purpose is not to gain advertising revenue or compete with the Site
* any use that Publisher expressly authorizes in writing.
F. If you incorporate videos from Site onto your Site, you must include a prominent link back to the Site on the pages containing the video and you may not modify, build upon, or block any portion of the video in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Publisher grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Publisher reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for any purpose including but not limited to commercial purposes, any users of the Site with respect to their User Submissions.
H. In your use of the Site, you will otherwise comply with this Agreement and all applicable local, national, and international laws and regulations.
I. Publisher reserves the right to discontinue any aspect of Site at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Site.
A. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and User Submissions (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Publisher, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you 'as is' for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Publisher reserves all rights not expressly granted in and to the Site and the Content.
B. You may access Content, including but not limited to User Submissions, for your information and personal use solely as intended through the provided functionality of the Site. You shall not copy or download any Content unless you see a 'download' or similar link displayed by Publisher on the Site for that Content.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User Comments are made available "as is," and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement.
D. You may access Content, including but not limited to User Submissions, only as permitted under this Agreement. Publisher reserves all rights not expressly granted in and to the Site and Content.
E. You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions of third parties obtained through the Site for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
G. You understand that when using the Site, you will be exposed to Content, including but not limited to User Submissions, from a variety of sources, and that Publisher is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Publisher with respect thereto, and agree to indemnify and hold Publisher, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
6. Your User Submissions and Conduct
A. You understand that whether or not User Submissions are published, Publisher does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Publisher to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
C. By submitting User Submissions to Site, or APN mobile apps, you hereby irrevocably transfer and assign to Publisher from the beginning of time and in perpetuity throughout the world and in all manner, media and channels of distribution now known or hereafter devised, developed or created, including but not limited to electronic media and the Internet, any and all rights, title and interests, including but not limited to the copyright and other proprietary rights, effective automatically as of the creation thereof. As the copyright holder, Publisher may, in its sole discretion, edit User Submissions and may choose to use the User Submissions for any purpose and in any manner, including but not limited to licensing the User Submissions to any third party, reproducing, distributing, preparing derivative works of, displaying, and performing the User Submissions in connection with the Site and Publisher's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Publisher has no obligation with respect to the User Submissions and may also choose not to use the User Submissions. The terms of this paragraph are irrevocable and shall survive the termination of this Agreement in perpetuity.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to this Agreement, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Publisher does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. Publisher does not permit copyright infringing activities and infringement of intellectual property rights on Site and will remove all Content and User Submissions if properly notified that such Content or User Submissions infringe on another's intellectual property rights. Publisher reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Publisher may terminate a user's access to the Site if, at its sole discretion, it deems that the user is in violation of the Terms of Service or in any other manner has breached this Agreement. Publisher reserves the right to terminate a user's access to the Site based on the conditions stated herein without prior notice.
B. Publisher reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Publisher may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Publisher with the following information in writing (see 17 U.S.C 512(c)(3) for further detail) pursuant to the notice requirements contained in this Agreement:
* 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 online site 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 or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, you may send a counter-notice containing the following information to Publisher:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Publisher, then Publisher may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Publisher's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PUBLISHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. PUBLISHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SITE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. PUBLISHER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PUBLISHER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL PUBLISHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SITE'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUBLISHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PUBLISHER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Publisher from its facilities in the United States of America. Publisher makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Publisher, its parent corporation, subsidiaries, officers, directors, employees and agents, as well as any third parties to whom Publisher has licensed Content, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site in perpetuity.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Publisher without restriction.
You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Publisher, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by New York law, without respect to its conflict of laws principles. Any claim or dispute between you and Publisher that arises in whole or in part from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in Manhattan, New York. All notices provided for by this Agreement shall be made in writing to APN Media, LLC, 3 Columbus Circle, Suite 622; New York, NY 10019 either (i) by hand delivery of the notice into the hands of such party, or (ii) by mailing the notice in first class mail to the address of such party, or (iii) via any overnight mail delivery service to the address of such party to the address of such party (the, 'Notice'). Such Notice shall be deemed to be received on the date of its actual receipt by the party entitled thereto, or on the fifth business day after deposit into the mail, whichever is earlier. Publisher may change its address at any time by updating this information in the Terms of Service. Headings and captions inserted in this Agreement do not constitute a part of the Agreement and are for convenience of reference only. This Agreement, together with the Privacy Notice at http://www.ohranger.com/info/privacy-statemen and any other legal notices published by Publisher on the Site, shall constitute the entire agreement between you and Publisher concerning the Site and supercedes all prior understandings. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Publisher's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Publisher reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Terms of Service for any changes. Your use of the Site following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PUBLISHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.