Last updated on January 19, 2018 - This is a legally-binding agreement. Please read this entire agreement carefully.
Due to the nature of the OLLOCAL service future changes may be created in form and functionality without prior notice to you. OLLOCAL retains this right to create limits related to the use of Services and may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. OLLOCAL may also suspend Accounts at any time, in its sole discretion.
In order to access some aspects of the Service, you will need to create a password-protected Account. You are responsible for maintaining the confidentiality of the password of your account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You shall notify OLLOCAL immediately of any breach of security or any unauthorized use of your user account, user name or password. Notwithstanding the foregoing, you may be liable for the losses of OLLOCAL or others due to such unauthorized use. In conclusion, OLLOCAL cannot and will not be liable for any loss or damage arising from someone breaking into your account and your failure to comply with this Section.
CONTENT LICENSE FROM YOU
You agree that all User Generated Content (“Content”) submitted to us or posted on the Site and/or the Services, in any form or medium including without limitation, data of any kind, whether text, comments, ratings, reviews, questions, feedback, software, code, music or sound, photographs or graphics, video or other materials, that you post, receive or transmit on OLLOCAL or to other users whether made available publicly or privately, is considered to be “User Generated Content”.
You retain ownership of any intellectual property you post to OLLOCAL. All “Content” that you share and information that you provide is considered to be your owned material. As this is your owned material you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant OLLOCAL an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to perform, distribute and redistribute your “Content” and screen name, to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, repurpose, prepare derivative works to, publish, publicly perform, publicly display, and communicate any and all such “Content”, including any intellectual property contained therein, in any medium now known or hereinafter developed without any obligation, notification or compensation to You. This license is granted to OLLOCAL with respect to the use of such “Content” in connection with the Site and its Services.
You agree and acknowledge that you are solely responsible for your interactions with other users of the Site. OLLOCAL reserves the right, but has no obligation, to monitor disputes between you and other users. You also agree that this Site may expose you to “Content” that may be objectionable or offensive. By using the Site, you agree that you will not hold OLLOCAL responsible or liable for any such “Content” from other users that you access on the Site.
You agree and acknowledge that OLLOCAL does not pre-screen “Content” however we will from time-to-time check in to see if all of the Terms are being followed. Ollocal in its sole discretion has the right BUT NOT the obligation to refuse, move, edit, or delete any “Content” on the Service at any time and for any reason. You understand except otherwise specified in this Agreement, you do not receive any license, right or ownership right to any “Content” not created by you. Further, OLLOCAL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such “Content”.
Your use of the Site and Service to generate, submit and/or post “Content” confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to OLLOCAL and third parties the foregoing license.
So post what’s on your mind but be careful that you will not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, harmful, abusive, harassing, defamatory, tortious, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or illegal: on OLLOCAL contribute to the harm or detriment of any minor; impersonate any person or entity, including, but not limited to, an OLLOCAL employee or agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OLLOCAL service; upload, post, email, transmit or otherwise make available or use any Content you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available or use any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right ("Rights");upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, on OLLOCAL except in those areas that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware, telecommunication equipment, or the property of any OLLOCAL user; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; on OLLOCAL interfere with or disrupt the Service, computer server or network connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the OLLOCAL Service; violate any applicable local, state, national or international law, including, but not limited to, U.S. export laws and regulations, any rule or regulation of the U.S. Securities and Exchange Commission, or any rule or regulation of any national or other securities exchange, including, without limitation, the European Union, New York Stock Exchange, the American Stock Exchange or the NASDAQ; provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any other law; "stalk" or otherwise harass another; OLLOCAL user collect or store personal data about other users, and; or unless you enter into a separate agreement with OLLOCAL, use this Service to advertise, market or sell any product or service.
You acknowledge, consent and agree Ollocal may access, preserve, and disclose your account information and Content if required to do so by law or on good faith belief that any such access, preservation, or disclosure is reasonably necessary to comply with any legal process, enforce this Agreement, respond to any claim that any Content violates the right of any third party, respond to your requests for customer service, or protect any right, property, or business interest of OLLOCAL, its advertisers, users or the public.
You understand the Service may include security components that permit digital materials to be protected, and use of these security components is subject to usage rules set by OLLOCAL and/or content providers to the Service. You may not attempt to override, disable, modify or circumvent any of the usage rules embedded in the Service.
OLLOCAL PROPRIETARY RIGHTS
OLLOCAL, the OLLOCAL logo, www.ollocal.com, (collectively, the "Trademarks") displayed on the “Site” are the trademarks of OLLOCAL and other parties. None of the OLLOCAL trademarks or any materials on this Site may be modified, copied, downloaded, or otherwise exploited without the prior written consent of material owners. All additional rights not covered by this agreement are reserved by OLLOCAL.
THIRD PARTY SITES AND SERVICES
OLLOCAL may provide links to other websites or resources (“Third Party Sites”). You acknowledge and agree that OLLOCAL has no control over such sites and resources and is not responsible for the availability, content or use of such external sites or services. Any websites linked to or from our Site are for your convenience only and you access them at your own risk.
Classified Ads are run as a service for the community and OLLOCAL cannot take responsibility for the quality of the items presented herein. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. OLLOCAL disclaims any warranties expressed or implied on goods or services listed on the service. OLLOCAL DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer and Seller assume all risk and liability arising from their offer for sale or purchase of any item. OLLOCAL does not assume responsibility for the content or the context of any listings. If payment is required between seller and buyer - terms are to be agreed upon between seller and buyer. OLLOCAL IS NOT INVOLVED IN ANY TRANSACTIONS. You hereby release OLLOCAL from any claims and agree to indemnify OLLOCAL from any claims based on your acts or omissions.
OLLOCAL PAID SERVICES - DESCRIPTION AND TERMS
OLLOCAL Directory Listings is a fee-based service (“Paid Services”) provided by OLLOCAL.COM. Advertiser agrees to pay all applicable charges under this Agreement, including taxes or charges imposed by any government entity that must be added to the stated fee.
All “Paid Services” Listings are effective on the date you receive an “Activation Notification” email confirmation stating that the listing “is live and active on www.ollocal.com”. OLLOCAL reserves the right to decide whether, where, and how “Paid Services” appear on the “Site” and in our sole discretion reserves the right to REJECT any “Content” for any reason at any time.
Business Directory Listings - (7) Day full refund after listing submission or issue of activation notification whichever is first.
Job Listings, Event Listings, Banners and Sponsored Links - NO REFUNDS for these services due to the potential timely nature of the information.
CANCELLATION POLICY - If you do not pay your bill on the last day of the current billing cycle we will assume that you wish to have that Listing/Banner/Advertising deactivated.
TERMINATION OF SERVICE
You may terminate the Terms at any time by closing the account, discontinuing your use of the Site and notifying of your termination. OLLOCAL reserves the right to terminate this legal agreement or eliminate these Terms at any time, with or without notice or cause. We may suspend or restrict your access to the Site and use of the Services, in whole or in part and unilaterally. In the event that OLLOCAL determines that You have violated or failed to fully comply with any of the Terms, upon notice of such termination You agree not to attempt to access the Site or attempt to utilize the Services by any other means, including using an alias or other disguised or fraudulent identity or creating another user Account. All provisions of this Agreement shall survive termination, including, without limitation, prior use, ownership provisions, warranty disclaimers, and limitations of liability. Upon termination, your right to access the Site and use the Services will immediately cease.
OLLOCAL protects the security of all “Paid Services” transactions and payment information during transmission by using Secure Sockets Layer ("SSL") when receiving payment information through the OLLOCAL website. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser's account on OLLOCAL.COM
DISCLAIMER OF WARRANTIES
You understand and agree that your use of this Site and Content is at your sole risk. All “Content” made available on or accessed through the service, is provided ”as is” and OLLOCAL and its suppliers disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and title or non-infringement. OLLOCAL and its suppliers do not warrant that the functions contained in the service or any materials or content contained therein will be completely secure, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. You expressly warrant and agree that any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or network or any loss of data that results from the download of any such material. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims will be limited to the greater of the amount paid, if any, by you to Ollocal during the prior twelve (12) months or ten dollars ($10).
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT OLLOCAL AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO, USE, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON OLLOCAL, THEN YOU AGREE THE TOTAL LIABILITY TO OLLOCAL FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM OLLOCAL’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED ($10) OR THE AMOUNT YOU PAID TO US WITHIN THE LAST (12) MONTHS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE
This Agreement shall be governed and construed in accordance with the laws of the State ofNew Yorkas they apply to agreements entered into and to be performed entirely withinNew YorkState. The parties irrevocably consent to bring any claim or dispute against OLLOCAL and this Agreement to the federal or state courts located inWestchesterCountyin the State ofNew York. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. Any claims brought about by you must be delivered in writing to Ollocal within one (1) year of the date such claim first arose, after which claim is forever waived by you. Any claim shall be adjudicated individually, and you cannot combine your claim with the claim of any third party.
This Agreement constitutes the entire agreement between you and OLLOCAL with respect to the subject matter hereof, and supersedes any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. This Agreement is not assignable, transferable, or sub licensable by you except with the OLLOCAL prior written consent. OLLOCAL may assign this Agreement in whole or in part at any time without your consent. Exclusive venue for all disputes arising out of or related to this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered, to OLLOCAL in NY for Westchester, Attn: General Counsel, PO Box 878, Mohegan Lake, NY 10547
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA”) NOTICE
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the OLLOCAL Service. If you believe any materials on OLLOCAL infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Ollocal in NY for Westchester, Attn: General Counsel, PO Box 878, Mohegan Lake, NY 10547
All relationships regarding content with third parties who repeatedly infringe the copyrights of others will be terminated.