“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Online Site Reviews.
“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content you submit or transmit to, through or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, and information that you share publicly or on your account profile. “User Content” means Content that other users submit to, through or in connection with the Site. “Online Site Reviews Content” means Content that we create and make available in connection with the Site. “Third-Party Content” means Content that comes from parties other than Online Site Reviews or its users, we make available on the Site. “Site Content” means all of the Content that we make available on the Site, including Your Content, User Content, Third-Party Content, and Online Site Reviews Content.
USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are our competitor or if we have banned you earlier from the Site or closed your account.
Permission to Use the Site
We may modify, update, interrupt, suspend, or discontinue the Site at any time without notice or liability to Online Site Reviews.
You must create an account and give certain information about yourself to use some of the features we offer through the Site. You are responsible for keeping the confidentiality of your account’s password. In addition, you are liable for all the activities that occur in connection with your account. You agree to tell us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Communications from Online Site Reviews and other Users
By creating an account, you agree to receive certain communications from Online Site Reviews and other users and third parties, including marketing messages, in connection with the Site. For example, you may receive messages from other Users. You can learn more about possible communications and opt out of non-essential communications by using our online form.
Responsibility for Your Content
You alone are responsible for Your Content and, once published, you cannot always withdraw it. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Online Site Reviews.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including:
- Publicly displaying it publicly;
- Reformatting and incorporating it into advertisements and other works;
- ating derivative works from it;
- Promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).
As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note you also grant users of the Site and any Other Media the right to access Your Content in connection with their Site use and any Other Media. Finally, you irrevocably waive, and cause to be waived, Online Site Reviews and its users of any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Online Site Reviews, you own Your Content. We own the Online Site Reviews Content, including but not limited to visual interfaces, interactive features, graphics, designs, compilations (including, but not limited to, our compilation of User Content and other Site Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Online Site Reviews Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, display publicly or in any way exploit any of the Online Site Reviews Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously stated herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Online Site Reviews Content we retained.
Online Site Reviews and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content You may access and use to display on your personal computer, website, or blog (“Your Site”), except that:
- Your use of the Site Content is for personal, non-commercial purposes only;
- Your display of the Site Content links back to the relevant pages on Online Site Reviews’ websites, and attributes Online Site Reviews as its source;
- Your use or display of the Site Content does not suggest that Online Site Reviews promotes or endorses any third-party causes, ideas, websites, products, or services, including Your Site;
- You do not redistribute the Site Content; and
- Your use of the Content does not overburden Online Site Reviews’ systems. Online Site Reviews reserves all rights to the Site Content and may terminate it at any time. Please send your email to email@example.com to inquire about other possible uses of the Site Content.
User Content (including any that may have been created by users employed or contracted by Online Site Reviews) does not necessarily reflect the opinion of Online Site Reviews. We reserve the right (but have no obligation) to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our review guidelines. We have no obligation to retain or give you copies of Your Content, nor do we make any representations or warranties, or otherwise make any guarantees, regarding the confidential treatment of Your Content.
- Violate our Review Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a business account and as expressly permitted by Online Site Reviews;
- Send bulk emails, surveys, or other mass messaging, except in connection with a business account using the given tools;
- Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third-party website;
- Solicit personal information from minors or submit or transmit pornography; or
- Violate any applicable law or regulation.
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as authorized expressly by Online Site Reviews;
- Use any robot, spider, site search/retrieval application, or other automated device, means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, manage, or mine information about other users;
- Access, retrieve, or index any part of the Site for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any part of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Online Site Reviews’ technology infrastructure, or otherwise make excessive traffic demands of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining, or any other means;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software, or routine that interfere or otherwise attempt to interfere with proper Site operation;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site; features that prevent or restrict the use or copying of Site Content; or features that enforce limitations on Site use.
- Create any user account by automated means or under false or fraudulent pretenses;
- Create or transmit unwanted electronic communications such as “spam” to other Site and/or Service users or members, or otherwise interfere with their enjoyment of the Site and/or Service;
- Copy, use, or store any Content available on the Site other than for your own personal use;
- Use the Online Site Reviews Site and/or Service, intentionally or unintentionally, to violate any applicable local, state, or federal law or regulation;
- Register more than one user account;
- Collect or store personal data about other users in connection with any prohibited activity described in this paragraph;
- Solicit reviews of your affiliate websites or businesses, except in connection with a business account using the tools given;
- Solicit reviews of websites or businesses that compete with your affiliate websites or businesses.
GUIDELINES AND POLICIES
You represent that you have read and understood our Review Guidelines.
- Act on suspected illegal activities or violations of these Terms;
- Comply with legal procedure or other government inquiry such as a search warrant, subpoena, statute, judicial proceeding, or other legal procedure served us; or
- Protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and handled in the United States.
ONLINE SITE REVIEWS ADVERTISING
SUGGESTIONS AND IMPROVEMENTS
- Your Feedback does not contain your or any third party’s confidential or proprietary information;
- We are under no obligation of confidentiality, express or implied, with respect to the Feedback;
- We may have something similar to the Feedback already under consideration or in development; and
- You grant us an irrevocable, non-exclusive, royalty-free, perpetual license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and you waive, and cause to be waived, against Online Site Reviews and its users any claims and assertions of any moral rights contained in such Feedback.
The Site may include links to other websites or applications (each, a “Third-Party Site”). We do not control or endorse any Third-Party Site. You agree that we are not responsible for the availability or contents of such third-party sites. Your use of third-party sites is at your own risk. Some of the services made available through the Site may be subject to additional third-party or open source licensing terms and disclosures.
You agree to indemnify, defend, and hold Online Site Reviews, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and their representatives (collectively, the “Online Site Reviews Entities”) harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to:
- Your access to or use of the Site;
- Any product or service you purchased or obtained in connection with the Site; or
- The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Online Site Reviews reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Online Site Reviews. We shall use all reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT ONLINE SITE REVIEWS ENTITIES MAY NOT REVIEW, MONITOR, CONTROL, OR VET USER CONTENT. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ONLINE SITE REVIEWS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, ONLINE SITE REVIEWS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- ONLINE SITE REVIEWS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE USERS’ SITES. ACCORDINGLY, ONLINE SITE REVIEWS ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN RISK AND DISCRETION.
- ONLINE SITE REVIEWS ENTITIES DISCLAIM EXPRESSLY ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU BY A REPRESENTATIVE OF ONLINE SITE REVIEWS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- ONLINE SITE REVIEWS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF:
- THE SUM PAID, IF ANY, BY YOU TO ONLINE SITE REVIEWS ENTITIES IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
- ONE HUNDRED US DOLLARS (USD100).
- ONLINE SITE REVIEWS ENTITIES DISCLAIM LIABILITY FOR ANY:
- INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES;
- LOSS OF PROFITS;
- BUSINESS INTERRUPTION;
- REPUTATIONAL HARM; OR
- LOSS OF INFORMATION OR DATA.
- We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action can prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 5, 8 to 14 shall continue in full force and effect, including our right to use Your Content as detailed in Section 4.
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated in Section 9 above, nothing herein intends, nor shall deem to confer rights or remedies upon any third party.
- These Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained expressly in these Terms.
- Any failure on Online Site Reviews’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of Online Site Reviews to exercise in any respect any right given herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sub-licensable by you without Online Site Reviews’ prior written consent. But we may assign or transfer them without restriction. Any attempted assignment by you shall violate these Terms and be void.