Octavian Media LLC
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.
Table of Contents
- Intellectual Property Ownership of Site Materials
- Your License to Use Materials on Our Site
- Information/Content You Submit
- Acceptable Use Policy: Community Rules
- Membership & Registration
- Widgets and Mobile Services
- Your Warranties
- User Interactions and Disputes
- Copyrights and Other Intellectual Property and Related Complaints
- Third Party Links and Content
- Linking Policy
- No Unsolicited Manuscripts
- Disclaimer of Warranties
- Disclaimers/Limitation of Liability
- Term and Termination
- Location of Site and Territorial Restrictions
- Governing Laws; Jurisdiction; Commencement of Actions
- Arbitration; Waiver of Class Actions
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
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.