Terms of Use - Oliver Guide

THESE ARE THE TERMS OF USE AND CONDITIONS (“TERMS”) GOVERNING YOUR USE OF THE OLIVER GUIDE WEBSITE (”SITE”) AND OUR “SERVICES”. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR EMAILS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH OLIVER GUIDE LLC. (“OG,” “we,” or “us”).

OG may amend these Terms at any time by posting the amended terms on the Site. Any changes shall become part of the Terms and shall apply as soon as such a notice is posted. These Terms, together with the Privacy Policy posted on the Site, sets forth the rules and policies governing your use of the Site. When you access the Site or agree to receive any of our emails or other communications, you are agreeing to these Terms. You should review these Terms periodically to see if any changes have been made. These Terms of Use were last modified on February 21,, 2018.

Submission of Guides. The Site contains Guides written by our users which include, among other things, reviews of airlines, sites and attractions, restaurants and hotels, as well as photo images submitted by users. In order to submit a Guide, you will provide OG with certain registration information, all of which must be accurate and updated. See the OG Privacy Policy for detailed description of information collected and used by OG.

Creating a Profile. You may create a profile with us (an “OG Profile”) by submitting your email address to us or signing up via a social networking service. How we will use the information you provide to us when creating your account is more fully described in our Privacy Policy. By creating an OG Profile, you agree to subscribe to our email list and receive periodic emails from us (which will usually be announcements or promotions of new Guides).

Modifications. OG reserves the right to modify or discontinue the Site (or any part thereof) with or without notice. OG shall not be liable to any third party for any modification, suspension or discontinuance of the Service.

Privacy and Security. The use of Your personal information is governed by the terms of our Privacy Policy. The Privacy Policy, as it may change from time to time, is incorporated herein and made a part of these Terms.

Intellectual Property. Materials on the Site, including, but not limited to: names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (the “Online Materials”) are owned, trademarked and/or licensed by OG, or by a participating contributor (see below for special terms applying to people who write individual Oliver Guides). You agree to abide by all applicable copyright, trademark and other laws, as well as any additional copyright notices or restrictions contained on the Site. OG does not convey, through allowing access to the Site, any ownership rights in the Site or in any Online Materials. No Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of OG. Any infringing or unauthorized use of the Online Material and any attempt to modify any Online Material, to defeat security features, or to utilize this site or the Online Materials for other than its intended purposes is prohibited. If you would like to request special copyright permissions, please email us at thegirls(at)oliverguide.com.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information and email us at hello(at)oliverguide.com

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Sponsors, Third Parties, Advertisers, Links. The Site contains links to other web sites. OG is not responsible for and makes no representations with respect to the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by OG. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by OG. If you decide to leave the Site and access these third-party sites, and/or use the products or services of such websites, you do so at your own risk.

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Site, including, but not limited to, online retail websites, social networking websites, information portals, and 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 sponsor, third party, or advertiser. You agree that OG 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 sponsors, third parties or advertisers on the Site, or as a result of links to other World Wide Web sites. All rules, policies (including privacy policies) and operating procedures of merchants or other sites will apply to you while on such sites. OG is not responsible for information provided by you to merchants or other sites.

Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:

Copy, print (except for express limited purpose permitted herein), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;
Use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, subscription, or any other mechanism without the explicit written permission from us;
Submit or transmit any message that is libelous or defamatory, obscene, vulgar, hateful, threatening or abusive or violates any third party’s copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information, or would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law;
Submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened;
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
Obtain or accumulate personal information about individual users or collect or store personal data about other users.
“Stalk” or otherwise harass a computer user.
Interfere with other Users’ use of the Site, including, without limitation, disrupting the normal flow or use of the service.
Post or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features.

To the extent we, now or in the future, allow Users to post comments on the Site, we do not intend to discourage Users from taking controversial positions or expressing what may be unpopular views; however, we expect users to express their views and participate in discourse on this Site in a civil and respectful manner. We reserve the right to take such action as we deem appropriate in cases where the Site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

We reserve the right to share information you provide (including any identifying information you provide) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, any situations involving threats or potential harm to the physical safety of any person or property, or if required by law (such as if required by a subpoena, court orders or other legal means).

It is our general policy to protect the privacy of the persons transmitting any messages to us through the Site. By sending a submission to us through the Site, the User automatically authorizes us to read it, edit it, and publish it on the Web site or any of our future publications and authorize other organizations to publish it. See OG Privacy Policy.

We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.

OLIVER GUIDES CONTENT

We call the people who write our guides “Olivers” and the guides they write, which may or may not include photos or video, “Guides.”

If you are an Oliver who has submitted a Guide (which may or may not include photos) through our website or otherwise, the terms in this section “Oliver Guides Content” apply to you.

You acknowledge, understand, and agree that neither the Site, nor its administrators, owners, affiliates, and/or partners will be responsible or liable to you or any third parties in any way for using, posting, exhibiting or reproducing your Guide on the Site.

OG will review all Guides submitted to the Site through our submission form, and will determine in our sole discretion whether to any, all, or none of such content on the Site. If we so choose, we may remove, without notice or liability to you, any photographs, videos and/or written material OG finds objectionable at our sole discretion.

By submitting a Guide to OG, you retain ownership of the contents of the Guide; however, simultaneously with such submission, you automatically grant, or warrant that the owner has expressly granted, to us an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the content of such Guide (in whole or in part) as OG, in its sole discretion, deems appropriate, for any purpose whatsoever, including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of OG successors, parents, subsidiaries, and their related companies.

OG may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Guide. Furthermore, you also grant other users permission to access your Guide and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your Guide for personal, non-commercial use as permitted by the functionality of the Website, and these Terms of Use. Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Except as otherwise described in OG’s posted Privacy Policy you agree that your Guide will be treated as non-confidential and non-proprietary. Furthermore, OG is free to use any ideas, concepts, know-how or techniques contained in any Guide you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such Guide; or creating informational articles based on or advertising our products and services. You further authorize us to publish your Guide in a searchable format that may be accessed by users of the Website and the Internet.

Release for Photographs, Video and/or Written Material. You confirm that all photographs, videos and/or written material comprising a Guide that you submit now or in the future on the Site are original to you, or that you have full right and authority to allow them to be used, posted, exhibited or reproduced on the Site. You confirm that, to your knowledge, none of the photographs, videos and/or written material will infringe or violate the rights of others, and you confirm that the photographs and/or written material are not vulgar, obscene, or embarrassing. If any of the photographs, videos and/or written material require permission for posting or display on the Site, you confirm that you have obtained such permission from all owners of those rights

You agree that you are solely responsible for the contents of your Guide, and that OG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any of the content of your Guide infringing the rights of others, or being incorrect, misleading, or defamatory under the laws of any jurisdiction.

ADDITIONAL TERMS

Termination. OG may discontinue or suspend the Site at any time without notice, and OG may block, terminate or suspend your access to any section of the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to other users. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that OG shall not be liable to You or any third party for any termination or suspension of Your access to the Site.

Communications and Notices. You consent to receive information from OG electronically. OG will communicate with Users by email or by posting notices on the Site. You agree that all Terms of Use, Privacy Policy, notices, disclosures, and other communications that OG provides to you electronically satisfies any legal requirement that such communication be in writing. OG reserves the right but assumes no obligations to provide communications in paper format.

Assignability. Your right to use the Site is personal to you and you may not sub-license, transfer, sell or assign these Terms to any third party without our prior written approval. Any attempt to do so will be void. You agree that the Terms may be automatically assigned by OG, in its sole discretion, to a third party in the event of a merger or acquisition or otherwise.

No Warranty. EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT OLIVER GUIDE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SITE PROVIDES INFORMATION OF A GENERAL NATURE AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.
OG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (vi) THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A PROCEDURE OUTSIDE THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. USE OF THE SITE AND THE INTERNET GENERALLY IS AT THE USER’S OWN RISK.

Limitation of Liability. You expressly understand and agree that OG, its parent, subsidiaries, affiliates, officers, directors, employees, clients, and agents shall not be liable 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 OG has been advised of the possibility of such damages), resulting from (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any User or any third party on the Service; or (v) any other matter relating to the Service.

Indemnification. You agree to indemnify, defend and hold OG, its parent, subsidiaries, affiliates, officers, directors employees, clients and agents harmless from any claim or demand, including costs and reasonable attorneys’ fees, made or incurred by any third party due to or arising out of your breach of these Terms, the documents incorporated by reference herein, or Your use of the Site.

Restrictions on Use, Legal Compliance and User Disputes. You may not use OG or its content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use OG solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You shall comply with all applicable United States and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. OG may delete any content that in the sole judgment of OG violates these Terms or the OG Privacy Policy or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. You are solely responsible for your interactions with other OG Users. OG reserves the right, but has no obligation, to monitor disputes between you and other Users.

Choice of Law, Jurisdiction, and Arbitration. The parties agree to make good faith and reasonable efforts to resolve any disputes under these Terms without the need for litigation. In the event a dispute arises between any User and OG out of these Terms, such dispute will be governed by the laws of the State of California. These Terms require you to submit to exclusive binding arbitration on any claims you may have against OG in connection with these Terms, Privacy Policy, or the Site. Such arbitration shall be adjudicated by the rules of the American Arbitration Association and to be held in San Francisco, California. Further, you agree to submit to the personal jurisdiction of the courts located within San Francisco, California.

No Class Action

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST OG.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST OG.

Entire Terms of Use and Severability. These Terms and the Privacy Policy constitutes the entire Terms between you and OG and governs your use of the Service. If any provision of these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force. 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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.