Terms and Conditions
ACCEPTANCE OF TERMS
The OBERLIN.COM site ("Site") is operated by Oberlin Dot Com, LLC ("ODC"). Listed here are the terms and conditions ("Terms") for using the Site. The Site may provide data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (“Content”). By using, accessing, participating in and/or viewing information on the Site, you (“User”) agree to be bound by the Terms. If you violate the Terms, ODC has the right to terminate your use of the Site and/or take appropriate legal actions against you.
The User understands and agrees that permission to use the Site is voluntarily given by ODC and that such permission may be withdrawn at any time and for any reason by ODC in its sole discretion. If you do not agree to the Terms you cannot use the Site or the Content.
The Terms, which may be updated from time to time, represents the complete agreement and understanding between you and ODC with respect to the Site and supercedes any other written or oral agreement.
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with ODC, or (b) you are a person barred from receiving the Content under the laws of the United States or other countries including the country in which you are resident or from which you use the Content.
In order to use the Site, you must first accept the Terms. You can accept the Terms by (a) clicking to accept or agree to the Terms, where this option is made available to you by the Site or (b) by actually using the Site. In either case you understand and agree that ODC will treat your use of the Site as acceptance of the Terms from that point forward.
CONTENT ON THE SITE
You understand that any Content available on the Site is the sole responsibility of the person or entity from which such Content originated. Content may be protected by intellectual property rights, which are owned by the sponsors or advertisers who provide such Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part) unless you have been specifically granted permission to do so by the owners of such Content.
ODC reserves the right (but shall have no obligation) to moderate, pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.
You understand that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site at your own risk.
You agree that you are solely responsible for (and that ODC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Content and for the consequences of your actions (including any loss or damage which ODC may suffer) by doing so.
You agree that any Content provided by you will not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
You agree that any Content provided by you is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
You agree that any Content provided by you is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
You agree that any Content provided by you will have relevance to the city of Oberlin, Ohio or surrounding areas and that ODC will have sole discretion regarding the suitability of such Content.
You agree that your user name will not be designed to mislead others into thinking that you are an administrator, editor or other official of the Site.
You agree that any Content provided by you is automatically granted by you to ODC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content for the purpose of displaying, distributing and promoting the Site.
You agree that any Content created on your behalf by ODC remains the property of ODC but that this does not affect property rights to any Content supplied by you.
You understand that the effects of adding, modifying or deleting Content may not immediately be apparent on the Site.
ODC may create, or help facilitate the creation of, Content on behalf of you, the User. Creation of such Content is solely at the discretion of ODC.
You agree that ODC shall not be obligated to provide or create any Content for any User.
You agree that the suitability, efficacy, and liability of any Content created by ODC on behalf of the User is assumed totally by the User.
You agree that the inability of ODC to provide Content on behalf of the User or that any such created Content which does not meet any expectation of the User shall not diminish or negate any obligation made by the User to ODC.
You agree that you own, or are legally authorized to submit, any Content for use in any way on the Site and by ODC.
FEES AND PAYMENT
Basic access to the Site is offered free of charge but is supported by advertising. Fees and conditions for such advertising may change at any time. Fees submitted to ODC are non-refundable. Fees may be forfeited for any User not in compliance with the Terms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ODC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, OTHER PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ODC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE ODC WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ODC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, OTHER PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, COST, OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:
(A) ANY CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THE SITE;
(B) YOUR USE OR MISUSE OF THE SERVICES;
(C) YOUR CONNECTION TO THE SERVICES;
(D) YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT; OR
(E) YOUR VIOLATION OF ANY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF A THIRD PARTY.
ODC RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ODC. ODC WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
IF ANY PART OF THE TERMS ARE FOUND TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PART WILL BE INEFFECTIVE TO THE EXTENT OF SUCH INVALID OR UNENFORCEABLE PART ONLY, WITHOUT IN ANY WAY AFFECTING THE REMAINING PARTS OF THESE TERMS AND CONDITIONS.
If you have any questions about this Policy or the Site, please contact us here.
This is version 1.1 of the Terms and supercedes all others.