Ole Communications Group (US) LLC and/or one of its subsidiaries or affiliated companies (collectively, “Ole” or “we” or “us”) owns, operates and/or provides this and other websites, web pages, mobile/tablet/desktop applications, widgets, blogs, games, social networks, virtual worlds and other online or wireless services (accessible through various desktop, tablet and mobile web browsers, locally installed mobile/tablet/desktop applications and various API services that OLE may offer from time to time) (collectively, the “Websites”).
2. GENERAL INFORMATION COLLECTED
In order to enhance the content contained on the Websites, OLE may gather and store certain information about your visit. “General Information” is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
a. The Internet Protocol (“IP”) address of your Internet Service Provider (“ISP”) and/or your computer, if it has its own static IP address. The domain name may also be collected. Your IP location information may be used during your visit to the Websites to serve you advertisements for goods or services available in your specific location, however, such information will not be collected or maintained by OLE except in aggregate form.
b. The date, time, length of stay and specific OLE web pages, images, documents or forms accessed by you at such Website.
c. Whether you are viewing any of the Websites for the first time, or are a return visitor.
The Uniform Resource Locator (“URL”) of the website or advertisement that referred you to any of the Websites.
d. The search engine that referred you and any search strings or phrases entered into the search engine to find any of the Websites.
e. Demographic information concerning your country of origin and language(s) used.
f. The type and version of the Internet browser used to visit any of the Websites, the operating system on your computer and information regarding errors when viewing any of the Websites.
OLE collects this General Information and may use it to generate aggregate statistics about visitors to the Websites. In situations where it is possible to do so, General Information may be linked to Personal Information.
3. PERSONAL INFORMATION COLLECTED
“Personal Information” is information through which you can be identified. Providing your personal information to OLE is your choice. OLE maintains one or more databases to store your Personal Information and may keep such information indefinitely. Personal Information that OLE may collect from you includes, but is not limited to, your name, postal address(es), telephone number(s), facsimile number(s), email address(es), date of birth and any other information that you voluntarily provide. Personal Information you volunteer is used by OLE for internal verification, to complete requested transactions, to ensure appropriate legal use of A+E’s goods and/or services, to provide you notification about updates to the Websites, goods, services and data and to help provide you with technical support for A+E’s goods and services.
Your Personal Information is collected from our Websites, through email and/or through online applications you complete, forums and message boards, blogs, requests for newsletters, requests for channel or show information, playing our games or in our virtual worlds, entering sweepstakes and prize promotions, taking surveys, reporting problems and through any of your other activities with A+E. The Personal Information that OLE collects depends on the nature of your activities.
a) Registration – in order to register and activate an account for any of our Websites, you will need to provide Personal Information such as your user name, email address, date of birth, nationality and postal/zip code. We strongly encourage you not to use any Personal Information in your username or password.
b) Contests and other prize promotions – from time to time, OLE may present sweepstakes, contests, special offers or other promotions, and in order for you to enter and win such promotions, you may need to provide Personal Information. The type and amount of Personal Information required will depend on the promotion. For example, a contest entry may require you to provide, at a minimum, your full name, address, telephone number, date of birth and email address. In the event that you are a contest winner, we may require you to provide additional information in order to receive the prize.
c) Voluntary submissions – information that you voluntarily submit on our “Contact Us” web page and via other surveys and feedback will require the disclosure of your first name and email address, may also include your telephone number and is used by OLE to enhance our Websites or to reply to your questions or comments.
d) Where applicable, Invitations – if you invite someone to use a feature of one of our Websites, we will disclose your real name as part of the invitation you send, as this information is necessary to ensure that the invited person knows who has sent the invitation.
e) Mobile– OLE may collect information regarding your GPS location when you use the Websites and associated services from your mobile device if your device has location services enabled.
4. OPT OUT TERMS
The Websites may feature proprietary measurement software from which will allow you to contribute to market research. The Information is collected directly by the researcher’s software within the applicable Website. OLE does not make any representations or warranties to you regarding the researcher’s software. If you do not want to participate in online measurement you may modify your browser setting to permit you to decline or refuse all cookies or you may accept or decline cookies on an individual basis.
5. PERSONAL INFORMATION USE
OLE may make bulletin boards, chat rooms, message boards, news groups and other similar services available to you on the Websites. Information disclosed by you in these areas becomes public information. When you disclose such information in a bulletin board, message board, chat room, blog or any other public forum, you do so at your own risk. OLE has no control over its use and you should exercise caution when deciding to disclose your Personal Information or any other information about yourself. The information presented in these areas reflects the views of the individual users or hosts and does not necessarily reflect the views of OLE or any of its affiliates. OLE reserves the right (but has no obligation) to monitor the use of bulletin boards, message boards, chat rooms, blogs or other public forums on the Websites.
6. OLE VENDOR COMMUNICATIONS AND OPT OUT
In addition to its own use, OLE may pass your Personal Information to any third party fulfillment companies, web hosting companies, customer support specialists, data analysis firms, email service providers, and/or any of their authorized agents who provide the goods or services requested to meet your needs. OLE may also provide your email address to vendors that it deems provide goods or services which you may need. If you do not want to receive any communications by email from such vendors, then you may opt-out by contacting us at _________________________________ (subject line: “Opt -Out Vendor Communications”).
7. OLE MARKETING COMMUNICATIONS AND OPT OUT
OLE may also use your Personal Information, or a portion thereof, to send you marketing materials, channel and/or show information, vendors with information that you may need, special event information, OLE newsletters or advertisements and/or information that OLE thinks may be of interest to you, unless you notify OLE that you do not wish to receive such materials. OLE may also use the services of bonded mailing houses that are authorized to use your Personal Information only for the benefit of OLE. Please contact OLE at ___________________ (subject line: “Opt-Out Marketing Communications”) to request that you not be sent any or all of such information.
8. AD SERVICE PROVIDERS
OLE may from time to time engage the services of third party ad service providers, both of whom may collect non-personally identifying information about you when an advertisement is on the page you are viewing, or when you interact with one of the advertisements. These third party ad service providers and OLE may use your non-personally identifying information to determine what types of advertisements you might like to see on our Websites, as well as advertisements on third party websites. This non-personally identifiable information can be collected by OLE or a third party ad service provider through technical means such as cookies, flash cookies and/or session ID cookies. OLE and its third party ad service providers may collect this non-personally identifiable information for these purposes unless you opt-out of such collection and/or use by setting your browser to prohibit such collection.
In addition, OLE works with third parties to help us track the advertisements delivered to you, for research and for analytics purposes, and may collect non-personally identifying information about you through technical means such as cookies, web beacons and other technologies. OLE does not share any of your personally identifying information with these third parties.
Certain third party ad service provides are or are in the process of becoming members of regulatory organizations, which are working to address important privacy and consumer protection issues regarding the collection of information for use in online advertising. You may opt-out of our collection of non-personally identifying information as well as opt-out of the data collection and preference-based ad programs of participating companies at www.aboutads.info.
The use of “Cookies” is a standard practice among websites. A Cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.
When you visit our Websites, we place a Cookie in a directory of your computer’s hard drive. The information that Cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Websites. For example, they allow OLE to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit to the Websites based on your previous visits.
You may configure your browser to accept or deny Cookies from our Websites. However, disabling or denying Cookies from our Websites may render parts of them inaccessible or may cause certain web pages not to properly load. There are also several services and websites which allow you to visit websites, including our Websites anonymously. Again, you may not be able to access or use all of the web pages for the Websites if you use these anonymizing services or websites.
10. WEB BEACONS
OLE may use “Web Beacons,” sometimes referred to as “clear gifs” or “web bugs,” which is another way (instead of Cookies) to help personalize your experience on the Websites. Web Beacons are typically invisible to you and are generally embedded in very small clear graphics files. We may use Web Beacons to monitor certain non-personally identifiable information about you, including the URL of the page from which the Web Beacon originated, the type of browser used, the IP address of your computer and the time you viewed the Web Beacon. We may also use Web Beacons to assist our third party advertising and/or content companies in providing the contact they believe you want to see. Web Beacons are also used to allow such third parties to determine how many people view the advertisements and/or click through, and to assist in serving and managing advertisements and content. While Web Beacons do not collect Personal Information, the information collected by them may be used in conjunction with Cookies to identify aggregate information about our Website users.
11. DMCA INFORMATION
Personal Information that you provide to us in association with a DMCA notification or counter-notification will be disclosed to third parties. All information contained in or associated with a DMCA notification will be disclosed to the alleged infringer. All information contained in or associated with a DMCA counter-notification will be disclosed to the initial claimant. See our Copyright Policy for more information on notifications and counter-notifications.
12. CONTACT BY OLE
OLE will not contact you nor send you marketing materials unless you have accepted to receive such contact or information (i.e., you have not opted out).
13. MAINTENANCE OF PERSONAL INFORMATION
You can access your Personal Information contained in OLE’s database by contacting us at ____________________ If you believe that any of your information is incorrect or needs updating, please let us know either at the email address listed in this section, or to our address listed below (Attn: Information Access). OLE will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email or postal notifications about our Websites, goods, services or special promotions, please let us know by sending an email to ______________or by sending us a letter to our address listed below (Attn: Opt-Out of Mailings) and specifying in the text of your email or letter which notifications you no longer wish to receive. In addition, within the text of your email or letter, you should provide your exact name and address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, OLE will use reasonable efforts to refrain from including you when sending such notifications by noting your opt-out election in our database.
You decide what Personal Information you make available to other users of our Websites, including in or on our bulletin boards, message boards, chats, blogs, posts and other disclosures. All users of our Websites should be aware that information you make available via these disclosures is public and not private. OLE is not responsible for and cannot control the actions of others who will have access to this information, therefore, we do not and cannot guarantee that the information you disclose in this manner will not be viewed by unauthorized persons.
OLE may provide security measures that are designed to restrict access to certain portions of the Websites, such as private chat rooms, restricted forums or instant messaging, but OLE cannot and is not responsible for circumvention of these security measures or for further distribution or use of any information you disclose in public areas by others. We may also provide you tools to edit and remove the information or materials you make available on our Websites, but even after removal, copies of any information you post may remain viewable in cached, archived or otherwise saved media that is outside the control of A+E. You are solely responsible for any information and materials that you choose to make available on public areas of our Websites.
OLE does not knowingly solicit or collect information from children (defined as minors younger than thirteen (13) years of age). If you are the parent or guardian of a child under the age of eighteen (18), or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out his or her real name, address, phone number, email address or other personally identifying information while on our Websites. There are no computer applications on our Websites which allow for the determination of your age. If OLE discovers that Personal Information of a child under 13 has been collected, OLE will take reasonable steps to delete this information. All information volunteered to OLEwill be treated the same as information given by an adult. OLE recommends that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times.
15. LINKS TO OTHER WEBSITES
Our Websites contain several links to or integrations with other websites, including but not limited to Facebook Connect, Twitter, , etc., whose information practices may be different than ours. Neither OLE nor any of its officers, directors, partners, affiliates, subsidiaries, employees, agents, representatives, vendors or suppliers is responsible for the content, privacy policies, products, services, reliability, viewpoint or accuracy of information on any such websites. We do not control and are not responsible for the collection of personal information by third party websites, including websites owned or controlled by our preferred financial partners, advertisers, vendors and/or websites not controlled or authorized by OLE. Third party websites that are accessed through links on our Websites or integrations with other websites have separate privacy policies. We have no responsibility or liability for the policies implemented by third parties on their websites. You should contact those third parties directly to ask questions about their privacy policies.
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative and physical security measures to protect your information from unauthorized access and improper use. OLE makes access to your Personal Information subject to certain security measures, including technological controls such as “firewalls,” in accordance with industry standards. When the use of an OLE web page involves the transmission of Personal Information or confidential information, OLE may use certain technology to establish a secure connection between your computer and OLE which may allow the transmission of encrypted information from your computer to OLE and back again and is currently the industry standard for Internet platform security. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure, so while OLE strives to protect your Personal Information, OLE cannot ensure or warrant the security of any information that you voluntarily give to OLE.
OLE reserves the right to monitor all network traffic to our Websites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to any of our Websites in any manner. Anyone using any of our Websites expressly consents to such monitoring.
17. GOVERNING LAW / TRANSMISSION OF INFORMATION
19. HOW TO CONTACT US
U.S. Postal Mail:
_________________________ Contact: Digital Director 2525 Ponce de Leon Blvd, Suite 250 Coral Gables, FL 33143
OLE reserves the right to do the following and will not be liable to any user or third party for so doing:
· change the Terms at any time;
· change any of the Websites, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of any of the Websites or the hours that any of the Websites are available; or
· change any fees or charges in connection with the use of any the Websites.
The information and materials provided on or through the Websites, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, games, software, applications and/or links (collectively, the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Materials\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") are intended to educate and inform you about us and our business and to provide you with access to our services. OLE’s MATERIALS ARE PROVIDED \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"AS IS\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. Unless otherwise specified on a Website, you may download Materials displayed on the Website and you may use the downloaded Material solely for your own personal uses. You may print copies of any textual Material available for downloading on the Websites, and you may execute copies of any software/games/applications available for downloading on the Websites pursuant to the Terms. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
You acknowledge that the Materials and Websites are protected by copyrights, trademarks, patents and other proprietary rights owned by OLE and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Materials, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. Except as expressly provided herein, OLE does not grant you any express or implied rights in or to the Materials and/or the Websites, and all right, title and interest that OLE has in the Materials and/or the Websites not explicitly granted to you by OLE or its licensors are retained by OLE or its licensors, respectively. No Materials may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without OLE’s or its licensors\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' prior written permission, except that the foregoing does not apply to your own posted submissions. OLE hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited license to access and use the Websites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Materials and/or the Websites.
The Materials remain the property of OLE or its licensors, as applicable. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of OLE or its licensors, if applicable. If you download software/games/applications from a Website, each such software/game/application is licensed on a limited basis to you by us or by the owner of such software/game/application, and you must comply with any license agreement included with or displayed by such software/game/application. Title to any such software/game/application is not transferred to you. You may own the medium on which the software/game/application is recorded, but we retain all right, title and interest in and to the software/game/application, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software/game/application to a human-perceivable form or transfer the software/game/application to any third party. Should there be any conflict between the license agreement for such Materials (including software/games/applications) and the Terms, the license agreement will control.
3. Your Information/Usernames & Passwords
In order to access certain areas of or participate in certain activities (including without limitation the ability to purchase or obtain Site Items (as defined below) with your Virtual Currency (as defined below)) contained on the Websites, we may require you to provide us with certain personal information about you (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of any of the Websites (or any portion thereof) or your participation in any activity contained on the Website.
In order to access certain areas of, or participate in certain activities contained on, any of the Websites, we may require you to create a user account and select a username and password. If you create a user account, you agree to provide OLE current, complete, true and accurate information, and to update this information should it change. OLE has the right to suspend or terminate your user account and refuse any and all current or future use of the Websites (or any portion thereof) and remove any content you have posted thereon, including content made available to other users. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and OLE reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that OLE reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s sole discretion.
You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING SERVICES ON OUR WEBSITES, AS APPLICABLE) that ARE CONDUCTED through THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You are responsible for the confidentiality and use of your account, including your username and password and agree not to transfer or resell your right to use or access to the Websites or participate in any activities contained on the Websites to any third person or party. If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Websites, and (ii) immediately notify us of the problem by emailing us at _________________________(with the subject line: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Username Password Security Issues\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\").
You may not use anyone else\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s user account at any time and you may not allow anyone else to use your account at any time. You agree that OLE will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by OLE or another party due to someone else using your account information. Because of this, OLE strongly recommends that you exit from your account at the end of each session.
If we make products or services available for purchase, access or license, you agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with the Terms and the billing terms that are in effect at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. OLE may add new products and services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in our sole discretion. You represent to OLE that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
4. Code of Conduct
While using any of the Websites and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards set forth below (the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Community Standards\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"), and agree not to:
· create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an OLE official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure;
· create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\@#$% to replace letters;
· post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable;
· engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior; all such behavior may be reported to the authorities;
· use any of the Websites or Materials for any unlawful purpose or in any manner not intended by OLE or as contemplated in the Terms or on any Website;
· suggest, illicit or encourage any illegal activity;
· submit content, materials or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content, material or Submission and to grant us all of the license rights necessary to transmit or maintain such content, material or Submission on or through any of the Websites;
· transmit: (a) any content or information that infringes OLE’s or any third party\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s intellectual property or other rights; (b) any material, non-public information about companies without the express authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted in writing by OLE);
· institute an attack upon any server used in connection with any of the Websites or any portion thereof or otherwise attempt to disrupt such servers, including without limitation, by hacking into such servers or any applications hosted thereon;
· restrict or inhibit any other user from using and enjoying any of the Websites, including without limitation, by disrupting the flow of Forums with vulgar or obscene language, abusiveness, bullying, griefing, \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"spamming\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" or \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"flooding\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" (continuous posting repetitive text);
· use any robot, spider, scraper or other automated means to access any of the Websites or Forums for any purpose without OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s express prior written permission;
· transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
· modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of any of the Websites or Materials;
· \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"frame\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" or \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"mirror\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" any part of any Website without our prior written authorization;
· transmit, post or otherwise make available any material or Submissions regarding hacking, cracking, exploiting or otherwise making use of any of the Websites or the Materials, including without limitation, how to falsify Site Items or Virtual Currency balances, in any manner;
· attempt to obtain passwords, other account information or any other private information from any other user of any of the Websites, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
· harvest or collect information about users of the Websites without their express consent; or
· assist or permit any persons in engaging in any of the activities described in this listing.
While using the Website or Materials, you agree to comply with these and all Community Standards, as well as all applicable laws, rules and regulations. OLE has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any violation of the Community Standards.
5. Third Party Sites
Any dealings with third parties, such as advertisers, included within the Websites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. OLE is neither responsible nor liable for any part of such dealings or promotions.
6. Forums & Submissions
Please note that, because OLE(and our designees) may hosts ratings, message boards and other forums or areas where third parties and users can post information on or to the Websites (collectively, the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Forums\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") and, therefore, redistributes materials you give to us or upload/post to the Websites, we require certain rights in those materials. Accordingly, by sending, posting or transmitting to OLE photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials (collectively, \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Submissions\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") or by posting such Submissions to any area of the Websites (including without limitation, the Forums), you grant OLE and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Websites or to OLE that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning you use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications; therefore, OLE strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. OLE is not responsible for information that you choose to communicate to other users via the Forums or Submissions.
You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of A+E. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will OLE or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Websites. We have no obligation to monitor the Websites, the Forums or any Submissions or other materials that you or other third persons or parties transmit or post on the Websites or the Forums. You acknowledge and agree that OLE has the right (but not the obligation) to do any or all of the following, at its sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any Submission or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the OLE Websites to (i) protect OLE and its sponsors, employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms; or (iv) for any other reason or purpose.
7. Compliance with Applicable Laws
OLE reserves the right at all times to disclose any information as OLE deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You hereby agree and acknowledge that: (a) OLE has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) OLE has the right to obtain without notification to you non-personal information from your connection to the Websites for demographic purposes; and (c) OLE has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"hacks.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance, or believed by OLE to not be in compliance, with the Terms or with other OLE rules, policies, notices and/or agreements.
You acknowledge and agree that you (and not OLE) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by OLE, including without limitation, the Websites, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s products or services, including the Websites.
9. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"DMCA\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by OLE infringe your copyright (for example, materials posted by OLE on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. Please see the requirements and specific instructions for submitting a notice to OLE in accordance with the Take Down Policy provided on our website at www.tuhistory.com Copyright Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed by OLE against you, the DMCA permits you to send OLE a counter-notice. Please refer to our Take Down Policy for the requirements and instructions for submitting a counter-notice.
10. Ownership and Restrictions on Use
The Websites and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of OLE. The Websites and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Websites in any way without our prior written permission. The Websites and Materials may be used solely to the extent necessary for your authorized use of the Websites, as provided in the Terms or as expressly authorized in writing. Modification of any of the Websites or Materials or use of the Materials for any purpose not expressly allowed hereunder may be a violation of copyright and/or other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to any of the Websites or the Materials by using any of the Websites or the Materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY MATERIALS OR ANY OR ALL OF THE WEBSITES, OR ANY PARTS THEREOF, IS PROHIBITED. OLE and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. ALL RIGHTS RESERVED.
The trademarks, logos and service marks displayed on the Websites (collectively the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Trademarks\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") are the registered and unregistered trademarks of OLE, its subsidiaries and affiliates, its licensors and vendors and other third parties. The Trademarks owned by OLE and its subsidiaries and affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not OLE’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages OLE. Nothing contained on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of OLE or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and OLE will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
12. Use & Access
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE WEBSITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Websites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'S REGISTRATION WITH THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'S USE OF THE WEBSITES.
14. Contests and Promotional Campaigns
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Promotion\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") on our Websites. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. Participation in any Promotion is subject to the Official Rules governing that Promotion. OLE may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any Virtual Currency or other awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release or to authorize the use of certain biographical or other information about you in any OLE marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s rules, terms of service and privacy policies before participating. You agree that OLE is not responsible for such third parties\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' promotions.
15. Jurisdictional Issues
Regardless of the language used thereon we make no representation that the Websites or the Materials available thereon are appropriate or available for use in any geographic locations. Those who choose to access or use any of the Websites, or any Materials thereon, from any other locations do so on their own initiative and at their own risk and are responsible for their own compliance with local laws if and to the extent any local laws are applicable. Any software on the Websites is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s list of Specially Designated Nationals or the U.S. Commerce Department\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. OLE reserves the right to limit the availability of the Websites and/or the provision of any service, Promotion, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, Promotion, program or other product that we provide.
16. User Ideas
OLE does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, technologies or processes (collectively, \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"User Ideas\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"). You must not transmit any User Ideas to or through the Websites or to OLE through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to OLE , including any concepts, know-how or ideas, you hereby grant OLE a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Websites and A+E\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s (and its successor\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.
Your ability to access and use the Websites and Materials will remain effective until terminated in accordance with the Terms. OLE may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. For example, your account may be deleted and terminated without warning (a) if OLE believes, in its sole discretion, that you are under 13 years of age; (b) if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or (c) if OLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to use the Websites will immediately cease, and you shall destroy all Materials obtained from the Websites and all copies thereof, whether made in accordance with the Terms or otherwise. In addition to its termination rights, OLE also reserves the right to refuse service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion, including without limitation, if OLE becomes aware that you are a convicted sex offender.
THE WEBSITES, THE MATERIALS AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"AS IS\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLEAND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. OLEAND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF OLEOR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Websites (including the Materials and Submissions) could include inaccuracies, errors or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites. Although OLE attempts to ensure the integrity of the Websites, we make no guarantees as to any Website\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s completeness or correctness. In the event that a situation arises in which a Website\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s completeness or correctness is in question, please contact us at___________________ (with the subject line \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Inaccuracies in Website\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
19. Limitation of Liability
NEITHER OLE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS CONTAINED ON THE WEBSITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OLEFOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO A+E, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND OLEOR A REPRESENTATIVE OF OLECONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless OLE, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms, including any violation of Community Standards; (b) any allegation that any Submission or other information you submit to us or transmit to the Websites or OLE infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Websites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
21. System Outages
OLE periodically schedules system downtime for the Websites for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that OLE has no responsibility and is not liable for: (a) the unavailability of any Website; (b) any loss of materials, data, Site Items, Virtual Currency, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, Site Items, Virtual Currency, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting any of the Websites, any Internet service provides or any Internet facilities and networks.
22. Choice of Law/Venue
This Website is owned by OLE and controlled from its offices in Coral Gables, Florida United States of America. Your use of this Website confirms your acceptance and agreement that the Terms are solely governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and OLE relating to the Websites that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"AAA\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and OLE agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and OLE relating to the Website that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, United States of America, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Please Note, by agreeing and accepting these Terms, you explicitly agree that any claims or actions that you may otherwise have against OLE under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States.
23. Mobile Terms
The Websites may include apps and website versions designed for mobile content that may be viewed on phones, tablets and other mobile devices (the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Mobile Sites\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"). In order to use the Mobile Sites, you must have a wireless mobile device and wireless through Wi-Fi or a participating mobile service provider.
If you are accessing the Mobile Sites through an app on an Apple iOS device (an \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"iOS App\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"), (a) OLE grants you a non-transferable license to use the iOS App on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are concluded between you and OLE only, and not with Apple, and OLE, not Apple, is solely responsible for the Mobile Sites and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App, (d) in the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OLE’s sole responsibility; (e) OLE, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s intellectual property rights, OLE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Certain services may require SMS (text messaging) capability. You may be able to subscribe to receive, from time to time, text messages from OLE and should follow the instructions provided at the time of subscription in order to unsubscribe at any time from any mobile messages. You agree that you are solely responsible for all Message & Data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. OLE is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with SMS services may include your mobile phone number, your carrier\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s name and the date, time and content of your messages. We may use this information to contact you and to provide the services and subscriptions that you request from us.
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to 2525 Ponce de Leon Blvd, Suite 250, Coral Gables, Fl. 33134 Attn: Digital Director. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and OLE relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of OLE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by OLE with respect to such use. A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.