1) AcceptanceBy using and accessing the domain and sub-domains of http://www.o3p.com/ ("Web site" and/or "On Three Points" and/or "O3P") you are agreeing to the following terms and conditions ("User Agreement"), without limitation. These terms apply to all users of this Web site. If you do not agree with any part of these terms and conditions, do not use this Web site. In your use of the Web site, you will comply with the terms and conditions of User Agreement, as well all applicable local, national, and international laws, regulations, or statues.
This User Agreement is effective on March 2, 2015 for all existing users of the Web site and will be effective for all new users of the Web site or otherwise. This User Agreement is subject to change with or without notice, and you agree to be bound by any revisions. The amended terms will be posted publicly on the Web site. Except as otherwise provided in the User Agreement, the amended terms will become effective immediately. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
In addition, you represent and warrant to On Three Points that you have both legal capacity and sufficient knowledge to make informed decisions about your use of our services. You expressly acknowledge that you are making all of your own decisions in connection with that use and that On Three Points is not making any recommendation with respect to such uses.
2) Definitionsa) A "User" is defined as any person accessing the domains and sub-domains of http://www.o3p.com/
b) A "User Submission" is any content submitted to On Three Points by the user. User Submissions may include, but are not limited to text comments, Web links, images, video, and other media.
d) A "Registered Member" is any person over the age of 18 that has created an account with On Three Points by placing an email address on file (and has also authenticated that email address). Registered Members submit content to the Web site using an unique account identity, such as screen name, user name, moniker, or handle.
3) Outbound LinksThe On Three Points Web site may contain links to third-party Web sites that are not owned or controlled by On Three Points. On Three Points is not responsible for the content or practices of any third-party Web sites. Additionally, On Three Points will not censor the content of any third-party Web site. By using the On Three Points Web site, you shall indemnify and hold harmless On Three Points from any and all liability arising from your use of any third-party Web site. Outbound links on our Web site are neither referrals nor endorsements of the linked entities, and are provided for convenience only.
b) On Three Points shall not be held liable for any losses caused by any unauthorized use of your account. However, you may be found liable for the losses of On Three Points or others due to any such unauthorized use.
5) RestrictionsOn Three Points hereby grants you permission to access and use the Web site. Your use is limited and restricted to the following terms:
a) You shall not distribute or make available in any medium any part of the Web site, including but not limited to User Submissions, without prior written authorization from On Three Points;
b) You shall not alter or modify any part of the Web site or any of its related technologies;
c) You shall not collect or harvest any personally-identifiable information, including but not limited to account names, from the Web site;
d) You shall not use the communication systems provided by the Web site (including, but not limited to private messages, public comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions; and,
e) You shall not circumvent, disable, or otherwise interfere with security-related features of the On Three Points Web site. Additionally, you shall not interfere with any Web site features that prevent, restrict or control usage.
6) On Three Points Intellectual PropertyThe content on the On Three Points Web site, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the trademarks, service marks and logos contained therein, are owned by or licensed to On Three Points, subject to copyright and other intellectual property rights under the law. Content on the Web site is provided to you AS IS for your personal use only and may not be downloaded, uploaded, copied, modified, adapted, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, scraped, scanned, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. On Three Points reserves all rights not expressly granted in and to the Web site and the content.
SPECIAL LEGAL NOTICE TO ENTITIES EMPLOYING CONTENT-SCRAPING AND/OR SCANNING TECHNOLOGYWith the exception of search engine bots, the use of data-mining, data-extraction, content-scanning, and/or content-scraping software and/or robots by any entity that is not collecting data for a search engine is strictly forbidden. Access of this Web site by these bots are explicitly forbidden. Any attempt to violate these terms will be considered to be a cyber attack. We will prosecute all cyber attacks to the fullest extent permitted by law.
As specified in Article 7, Section F, User Submissions shall not include any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights. In handling claims of copyright infringement, On Three Points invokes the safe-harbor provision found in section 512(c) of the Digital Millennium Copyright Act (DMCA). On Three Points will not be held liable for money damages for infringing content posted "at the direction of a user."
a) On Three Points does not have actual knowledge that there is infringing content on our servers, nor does On Three Points know any surrounding facts that would make any alleged infringing use apparent;
b) On Three Points does not receive any financial benefit directly attributable to any alleged infringing activity; and
c) On Three Points will act expeditiously to remove or disable access to any infringing material upon obtaining knowledge or awareness that the material is infringing or upon receiving a properly drafted notice of infringement.
Any intellectual property rights owner that alleges copyright infringement by a User must submit a report to us containing the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
- identification of the copyrighted work or works claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address);
- a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
- a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
7) User Submissionsa) You understand and agree that User Submissions are produced from multiple sources and users. On Three Points is not responsible for the accuracy, legality, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
b) You understand and agree that User Submissions may be 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 On Three Points with respect thereto, and agree to indemnify and hold On Three Points, 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.
d) On Three Points receives significant traffic and is accessible to anyone on the Internet. The User is solely responsible for 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 On Three Points to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally-identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and this User Agreement.
e) User Submission ownership rights shall be retained by the User, subject to the rights granted to On Three Points in this Agreement. However, if you decide to republish your User Submissions elsewhere, you agree to include the following disclosure: “Originally published by On Three Points at www.o3p.com”. In exchange for our providing you with this public platform for expression and with potential exposure to users of On Three Points, all of which you agree is valuable consideration, and by submitting User Submissions to On Three Points, you hereby grant On Three Points a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the On Three Points Web site and On Thee Points' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the On Three Points Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Submissions and grant each On Three Points User a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site and under this User Agreement. You understand and agree that On Three Points may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.
f) You understand and agree that User Submissions shall not include any material that is private, 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 or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant On Three Points all of the license rights granted herein. On Three Points does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and On Three Points will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation.
g) On Three Points does not endorse any User Submission or any opinion, recommendation, prediction, or advice expressed therein, and On Three Points expressly disclaims any and all liability in connection with User Submissions. On Three Points reserves the right to remove content and User Submissions without prior notice.
h) On Three Points is under under no obligation to modify or delete any User Submission once it is posted. On Three Points reserves the right to decide whether content or a User Submission is appropriate and complies with this User Agreement for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. On Three Points may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this User Agreement at any time, without prior notice and at its sole discretion. On Three Points will terminate a User's access to its Web site if, under appropriate circumstances, the User is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
i) If you believe you should be paid or otherwise compensated for your User Submissions, do not use this Web site. On Three Points is only intended for persons who believe they will benefit personally or professionally from publication of their User Submissions without compensation. The User is not entitled to compensation or reimbursement of any kind for your User Submissions or any of your activities related to your User Submissions, including by attracting advertising to the site, by increasing the value of the site, and in other ways. You further acknowledge that we have no obligation to provide you with any data or analytics or other information that we may obtain or create (including, but not limited to, page view data) concerning your User Submissions or the Web site. No partnership, joint venture, employment, consulting or other such relationship exists between the User and On Three Points.
j) On Three Points may enable "karma" features in order to help increase forum community participation. Karma points have no cash value. Karma points may not be redeemed for cash, credit, nor any other form of consideration. On Three Points reserves the right to ban any user and retain his/her karma points at any time, for any reason, or for no reason.
k) On Three Points may enable "tipping" features in order to help increase forum community participation. The practice of tipping on this Web site is governed by the Tipping Terms and Conditions (https://www.o3p.com/pages/tipping-terms-and-conditions). If you do not accept these Tipping Terms and Conditions, do not give any tips to any user of On Three Points; do not use our tipping features; and do not share your currency address information on this Web site. Users that violate these Terms and Conditions may be subject to a permanent or temporary ban.
8) Warranty and Condition DisclaimerYOU AGREE THAT YOUR USE OF THE ON THREE POINTS WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ON THREE POINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. ON THREE POINTS MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 ON THREE POINTS WEBSITE. ON THREE POINTS EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. ON THREE POINTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ON THREE POINTS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ON THREE POINTS 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
9) Limitation of LiabilityIN NO EVENT SHALL ON THREE POINTS, 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, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 ON THREE POINTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY 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 ON THREE POINTS 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.
On Three Points makes no representations that the Web site is appropriate or available for use in other locations. Those who access or use the On Three Points Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10) IndemnityYou agree to defend, indemnify and hold harmless On Three Points, its parent company, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the On Three Points Web 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, intellectual 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 these Terms of Service and your use of the On Three Points web site.
11) Ability to Accept Terms of ServiceYou affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are at least 18 years of age. On Three Points is not intended for children under the age of 18. If you are under 18 years of age, do not this Web site.
12) GeneralThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by On Three Points without restriction.
TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND ON THREE POINTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ON THREE POINTS WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.