User Agreement

User Agreement

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Published on Wednesday, 18 April 2012 23:24

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Hi! You are now reading OurBuckeyeHub.com’s User Agreement.

This User Agreement is the contract between you and OurBuckeyeHub.com if you decide to use OurBuckeyeHub.com’s website, services, and products.

Please read this User Agreement carefully before you use this website. We've tried to be fair and straightforward in how this document is written. If you have any questions or suggestions, feel free to shoot us an email.

For your convenience, if you see a word or phrase in blue (like this) it means that word sends you to another document or hyperlink. If you see a word in red (like this), it means the word is defined and clicking on the word will take you to the word’s meaning in the Agreement’s definition section.

Thanks for checking out the website and, as always, “Go Buckeyes!”

OurBuckeyeHub.com User Agreement

1)   DEFINITIONS

a.    Agreement: The OurBuckeyeHub.com’s User Agreement.

b.   Content: Any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the OurBuckeyeHub.com Services.

c.    Member: Anyone who has registered with OurBuckeyeHub.com to its Services.

d.   Membership: Use of the Services with completed registration to be a Member.

e.    Services: The OurBuckeyeHub.com-branded URL (the "OurBuckeyeHub.com Website"), the OurBuckeyeHub.com instant messaging service, the OurBuckeyeHub.com application developer service and other features (for example, music and video embedded players), OurBuckeyeHub.com mobile services, and any other features, content, or applications offered from time to time by OurBuckeyeHub.com in connection with OurBuckeyeHub.com's business.

f.     User: Can refer to either a visitor or a member.

2)   ACCEPTANCE OF THIS USER AGREEMENT REQUIRED

          In order to use OurBuckeyeHub.com and its website, services, and products, you agree to follow the terms found in the Agreement.

          This Agreement constitutes the entire agreement between you and OurBuckeyeHub.com regarding the website’s Services. This Agreement also includes by reference OurBuckeyeHub.com’s Privacy Policy and    Community Guidelines.

3)   MODIFICATIONS TO THIS AGREEMENT

     OurBuckeyeHub.com may modify this Agreement and any modification is effective upon posting by OurBuckeyeHub.com on the OurBuckeyeHub.com website.

     Your continued use of the Services after OurBuckeyeHub.com posts a revised Agreement signifies your acceptance of the revised Agreement. Therefore, it is important that you regularly review this Agreement to ensure you are aware of any changes.

4)   HOW LONG WILL THIS AGREEMENT STAY IN EFFECT?

          This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate your membership at any time by following the instructions listed on the Member's Account Settings page. OurBuckeyeHub.com may terminate your    Membership at any time, for any reason, with or without prior notice or explanation.

5)   ELIGIBILITY TO USE WEBSITE

     By using the Services, you agree that

a.        You are at least 13 years of age.

b.       All registration information you submitted tis truthful and accurate.

c.        You will maintain the accuracy of the information you submitted.

d.    Your use of the Services does not violate any applicable law or regulation.

Your profile may be deleted and your Membership may be terminated if

a.     We believe that you are younger than 13 years of age; or

b.    We believe that you are under 18 years of age and you represent yourself as 18 or older; or

c.     We believe you are over 18 and represent yourself as younger than 18.

6)   USE OF SERVICES BY MEMBERS

          The Services are for the personal use of Members and may be used for promotional purposes as well, but commercial activity may only be used through the Services if OurBuckeyeHub.com authorizes the activity.

          OurBuckeyeHub.com reserves the right to remove commercial content in its sole discretion.

          Affiliate links, commercial advertisements, or any other form of solicitation unauthorized by OurBuckeyeHub.com may be removed from Member profiles without notice or explanation and may result in termination of your Membership.

7)   USER-POSTED CONTENT

           You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. OurBuckeyeHub.com assumes no responsibility for a User’s content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of a User submitting any such content.       

          OurBuckeyeHub.com may reject, refuse to post or delete any content for any reason, including content that in the sole judgment of  OurBuckeyeHub.com violates this Agreement.

8)   PASSWORD

When you sign up to become a Member, you will also be asked to create a password.

You are entirely responsible for maintaining the confidentiality of that password.

You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.

You agree to notify OurBuckeyeHub.com immediately if you suspect any unauthorized use of your account or access to your password.

9)   FEES

          You acknowledge that OurBuckeyeHub.com reserves the right to charge you for any use of the Services and that OurBuckeyeHub.com change its fees.

          If OurBuckeyeHub.com terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments.

10)   JURISDICTION

          The Agreement shall be governed by, and construed in accordance with, the laws of the State of New  York. You and OurBuckeyeHub.com agree to submit to           the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Services.

11)    LEGAL DISPUTES

          Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

          You agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Agreement or as you and OurBuckeyeHub.com otherwise agree in writing.

     The failure of OurBuckeyeHub.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity  and enforceability of any remaining provisions.

12)    LIMITATION ON OURBUCKEYEHUB.COM’S LIABILITY

          In no event shall OurBuckeyeHub.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the Services.

          OurBuckeyeHub.com’s liability to you for any cause whatsoever and regardless of the form of the action,  will at all times be limited to the amount paid, if any, by you to OurBuckeyeHub.com for the Services  during your Membership.

13)    JURY WAIVER

          Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it  may have to a trial  by jury in respect of any litigation (including but not limited to any    claims, counterclaims, cross-claims, or third party claims) arising out of, under, or in connection with this Agreement.

14)    INDEMNITY

          You agree to indemnify and hold OurBuckeyeHub.com, its subsidiaries, and affiliates, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand,  including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement or arising from a breach of this Agreement or any breach of  your representations and warranties set forth in this Agreement or if any content that      you post on or      through the Services causes OurBuckeyeHub.com to be liable to another.

15)    WHAT YOU WARRANT AS A USER REGARDING COPYRIGHTS AND TRADEMARKS

a.    You own the content posted by you on or through the Services or otherwise have the right to grant the license in Section 17 of this Agreement.

b.   The posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

c.    You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you on or through the Services.

16)    CLAIM OF OWNERSHIP

OurBuckeyeHub.com does not claim any ownership rights in the Content posted on or through the Services.

After posting your content to the Services, you continue to retain any such rights that you may have in your content, subject to the limited license herein.

If after we have distributed your Content outside the OurBuckeyeHub.com website you change the Content's privacy setting to private, we will cease distribution of such private Content outside the OurBuckeyeHub.com website as soon as practicable after you make the change.

17)    LICENSE

     By displaying or publishing any Content on or through the OurBuckeyeHub.com Services, you hereby   grant to OurBuckeyeHub.com a limited license to use, modify, delete from, add to, publicly perform,    publicly display, reproduce, and distribute such Content solely on or through the Services, including    without limitation distributing part or all of the OurBuckeyeHub.com website in any media formats and through any media channels, except Content marked private will not be distributed outside the OurBuckeyeHub.com website. This limited license does not grant OurBuckeyeHub.com the right to sell   or otherwise distribute your Content outside of the Services. After you remove your Content from the OurBuckeyeHub.com Website we will cease distribution, as soon as practicable, and at such time whendistribution ceases, the license will terminate.

     The license you grant to OurBuckeyeHub.com is non-exclusive, fully paid and royalty-free, sublicensable    and global in nature.

18)    OURBUCKEYEHUB.COM’S CONTENT PROTECTED

OurBuckeyeHub.com owns and retains all rights in its Content and Services.

OurBuckeyeHub.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the OurBuckeyeHub.com Content solely for your personal use in connection with viewing the OurBuckeyeHub.com website and using of Services. The Services contain Content of Users and other OurBuckeyeHub.com licensors.

Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

19)    DISCLAIMERS

     OurBuckeyeHub.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether  caused by Users of the Services or by any of the equipment or programming associated with or utilized    in the Services and such User Content does not necessarily reflect the opinions or policies of OurBuckeyeHub.com.

     Profiles and third party applications created and posted by Members on the OurBuckeyeHub.com website may contain links to other websites. OurBuckeyeHub.com is not responsible for the content,   accuracy or opinions expressed on such websites, and such websites are not necessarily investigated,         monitored or checked for accuracy or completeness by OurBuckeyeHub.com. Inclusion of any linked    website on the Services does not imply approval or endorsement of the linked website by OurBuckeyeHub.com. When you access these third party sites, you do so at your own risk.

     OurBuckeyeHub.com takes no responsibility for third party advertisements or third party applications     that are posted on or through the Services, nor does it take any responsibility for the goods or services  provided by its advertisers. OurBuckeyeHub.com is not responsible for the conduct, whether online or    offline, of any User of the OurBuckeyeHub.com Services. OurBuckeyeHub.com assumes no responsibility  for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

     OurBuckeyeHub.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure  of any email or players due to technical problems or traffic congestion on the internet or on any of the    Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall OurBuckeyeHub.com be responsible for any loss or damage, including personal injury or death, resulting from use of the OurBuckeyeHub.com Services, attendance at a  OurBuckeyeHub.com event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as   available and OurBuckeyeHub.com expressly disclaims any warranty of fitness for a particular purpose or non-Infringement.

     Lastly, OurBuckeyeHub.com cannot guarantee and does not promise any specific results from use of the Services.

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