OUTINGINFO.COM TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at WWW.OUTINGINFO.COM ("OUTINGINFO"), are provided
to you under the terms and conditions of this OUTINGINFO Terms of Service ("TOS"),
and any operating rules or policies that may be published by OUTINGINFO at the
URL: WWW.OUTINGINFO.COM (the "Service"). The TOS comprises the entire agreement
between you and OUTINGINFO and supersedes all prior agreements between the parties
regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS, OR USING OUTINGINFO, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS HEREIN. You may continue to use OUTINGINFO as long as you adhere to
these Terms of Service.
2. DESCRIPTION OF SERVICE
OUTINGINFO provides a rich variety of services. You understand that
OUTINGINFO may include advertisement in the services. You also understand that
OUTINGINFO may communicate with you via e-mail regarding OUTINGINFO
services. The services of OUTINGINFO are provided "AS-IS"
and OUTINGINFO assumes no responsibility for the mistakes and failures
in delivering services. You understand and agree that OUTINGINFO
can terminate any services under its sole discretion without noticing
users. OUTINGINFO will not be responsible for any loss caused by
OUTINGINFO changes of services or termination of services.
Some areas of OUTINGINFO may contain adult or mature content. You
must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In some cases you are required to register with OUTINGINFO. In order to
register with OUTINGINFO you must supply a valid email address, which
will be used as a unique identifier for your account, and a password.
OUTINGINFO users have obligation to (a) provide true and accurate
information when registering in OUTINGINFO, and (b) maintain and
update registration information constantly to keep it true, accurate
and current. If OUTINGINFO suspects that registered information is
untrue, inaccurate, not current or incomplete, OUTINGINFO has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service.
OUTINGINFO is concerned about the safety and privacy of all its users,
particularly children. Children under age 14 are not allowed to register
and visit OUTINGINFO without parents or guardians consents.
4. PRIVACY POLICY
OUTINGINFO is concerned about the privacy of our users. Registration
Data and certain other information about you are subject to our Privacy
Policy. For more information, see our full privacy policy at
http://www.OUTINGINFO.COM/home/privacy.php.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account
password and you are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify
OUTINGINFO of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your
account at the end of each session. OUTINGINFO cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
OUTINGINFO does not pre-screen materials posted and transmitted in
OUTINGINFO and does not provide any guarantee regarding anything
posted or transmitted by users. You understand that you are fully responsible
for anything you upload, transmit or post by using OUTINGINFO services.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. You understand that you
bear all the risks by using the content posted or transmitted in OUTINGINFO.
Under no circumstances will OUTINGINFO be liable in any way
for any Content, including, but not limited to, for 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 Service.
You agree that by using OUTINGINFO services, you do not
(a) violate any local laws and regulations of OUTINGINFO and of your
location,
(b) infringe other intellectual property or property right,
(c) reveal other privacy and identity,
(d) contain harmful, abusive, hateful and obscene language,
(e) seduce minors or harm minors,
(f) transmit or upload advertisements of any kind, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
(g) transmit or upload virus or do anything that may damage the operation
of OUTINGINFO,
(h) disrupt any services,
(i) forge information or mislead users and the public,
(j) stalk another and store personal data of other users,
OUTINGINFO retains the right to remove or block any content under
its sole discretion.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
OUTINGINFO does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant OUTINGINFO the following world-wide, royalty
free and non-exclusive license(s), as applicable:
(a) the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purposes of providing and promoting OUTINGINFO. This license
exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or OUTINGINFO
removes such Content from the Service.
(b) With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of OUTINGINFO,
the license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or OUTINGINFO
removes such Content from the Service.
(c) With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of OUTINGINFO, the perpetual, irrevocable and fully sub-licensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in any format or medium
now known or later developed.
8. INDEMNITY
You agree to indemnify and hold OUTINGINFO, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OUTINGINFO may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that events, recommendations, messages, pictures,
journals postings or other uploaded Content will be retained by the Service,
the maximum number of events, recommendations, messages, pictures, etc that
may be sent from or received by an account on the Service, the maximum size
of any content that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on OUTINGINFO's servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that OUTINGINFO
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
OUTINGINFO reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that OUTINGINFO reserves the
right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
OUTINGINFO reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that OUTINGINFO shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that OUTINGINFO shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because OUTINGINFO has no control
over such sites and resources, you acknowledge and agree that OUTINGINFO
is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
OUTINGINFO shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY OF OUR SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY OUTINGINFO SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
OUTINGINFO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
14. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE
RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE,
OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING OUTINGINFO YOU
AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT
OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR
UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS.
THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS
PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE
TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. OUTINGINFO HAS NOT
TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING
OUTINGINFO, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL
CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF
NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL
COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED
BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE OUTINGINFO FROM ALL
LIABILITY AND INDEMNIFY AND HOLD HARMLESS OUTINGINFO, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY
ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY
CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND
THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS,
EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS
ACCOMPANYING USER AT THE EVENTS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTINGINFO SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
16. NOTICE
OUTINGINFO may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
17. COPYRIGHTS
OUTINGINFO respects the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please
provide OUTINGINFO the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and OUTINGINFO
and govern your use of the Service, superceding any prior agreements
between you and OUTINGINFO. You agree that your dispute with OUTINGINFO
should be governed by the laws of California. You and OUTINGINFO
agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Santa Clara, California.
The failure of OUTINGINFO to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in
the TOS are for convenience only and have no legal or contractual effect.