Terms and Conditions

Octavian Media LLC

TERMS OF USE

The Effective Date of these Terms of Use (“TOU”) is October 31, 2014.

These TOU apply to the web site available at http://www.octavianreport.com, which is operated by Octavian Media LLC (“OCTAVIAN,” “we,” “us” or “our”), and to interactive features, downloads, applications and widgets that post a link to these TOU, regardless of whether accessed via computer, mobile device or otherwise (collectively, the “Site”).

By accessing or using this Site, you agree to these TOU which constitute a legally binding contract between you and OCTAVIAN. If you do not agree with these TOU, you should not register as a member on the Site and should leave the Site immediately.

Please also carefully review this Site’s Privacy Policy, which governs the collection and use of information about you when you visit or become a member of the Site.

Table of Contents

  1. Intellectual Property Ownership of Site Materials
  2. Your License to Use Materials on Our Site
  3. Information/Content You Submit
  4. Acceptable Use Policy: Community Rules
  5. Membership & Registration
  6. Widgets and Mobile Services
  7. Your Warranties
  8. Shopping
  9. User Interactions and Disputes
  10. Copyrights and Other Intellectual Property and Related Complaints
  11. Promotions
  12. Third Party Links and Content
  13. Linking Policy
  14. No Unsolicited Manuscripts
  15. Disclaimer of Warranties
  16. Disclaimers/Limitation of Liability
  17. Indemnification
  18. Term and Termination
  19. Location of Site and Territorial Restrictions
  20. Governing Laws; Jurisdiction; Commencement of Actions
  21. Arbitration; Waiver of Class Actions
  22. Miscellaneous

1. INTELLECTUAL PROPERTY OWNERSHIP OF SITE MATERIALS

Unless otherwise explicitly specified, this Site and all materials that are included in or are otherwise a part of the Site (including present and future versions), including, without limitation, graphics, layout, text, instructions, images, books, periodicals, audio, videos, widgets, designs, advertising copy, compilations, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site, the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by OCTAVIAN, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of OCTAVIAN, unless and except as is expressly provided in these TOU. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.

2. YOUR LICENSE TO USE MATERIALS ON OUR SITE

Subject to your strict compliance with these TOU, OCTAVIAN grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, display, use and/or play a single copy of the Materials (excluding source and object code) for your personal, non-commercial use only, provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of any of the Site’s software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site uses to generate its web pages or any software or other products or processes accessible through the Site; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or activity or your use of a standard internet browser), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these TOU or OCTAVIAN.

3. INFORMATION/CONTENT YOU SUBMIT

The Site may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, social features such as following users, authors, books, or topics, creating book lists, photographs, videos, writings, computer graphics, testimonials, book and periodical reviews, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”) to OCTAVIAN, the Site and other third parties.

Except as otherwise provided in this TOU, you or the owner of any content that you post to our Services retain ownership of all rights, title, and interests in that content, provided, however, that by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these TOU; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these TOU and grant OCTAVIAN these licenses. Upon OCTAVIAN’s request, you will furnish OCTAVIAN any documentation, substantiation or releases necessary to verify your compliance with these TOU. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting or distributing any information, including, without limitation, User Content to OCTAVIAN, the Site or other third parties.