Online Detective Terms of Service
Thank you for your interest in OnlineDetective.
The following terms and conditions apply to all users who use OnlineDetective services (defined below).
OnlineDetective Terms of Service
You agree and understand that certain OnlineDetective Services, features and other premium services offered by or through OnlineDetective (including services from OnlineDetective) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your OnlineDetective user ID or through an OnlineDetective Product shall constitute a breach of these Terms of Service.
Changes to Terms
OnlineDetective may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting on or through the OnlineDetective website (www.OnlineDetective.com) and you agree to the new posted Terms of Service by continuing your use of OnlineDetective Services. OnlineDetective will provide at least 30-days` notice before any material changes take effect. If you do not agree with the new/modified Terms of Service, your sole remedy is to discontinue using OnlineDetective Services and cancel your registration.
OnlineDetective and its vendors grant you a personal, limited, non-exclusive, non-transferable, non-assignable license to use OnlineDetective services in accordance with these Terms of Service.
You may use OnlineDetective Services for lawful purposes only. You may not use OnlineDetective Products in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, or otherwise objectionable, (3) encourages conduct that would constitute a criminal or other offense, (4) gives rise to civil liability, or (5) otherwise violates any applicable local, state, federal or international law, ordinance including any regulations requirements, procedures or policies in force from time to time, or any right of any third party, including without limitation, any right of privacy or publicity. You also may not undertake any conduct that, in OnlineDetective`s judgment, restricts or inhibits any other user from using or enjoying OnlineDetective Services.
No Spam, No Harvesting
You may not use OnlineDetective Services to send unsolicited bulk communications, including through e-mail. You may not harvest or collect information from OnlineDetective Services. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that OnlineDetective may take any legal and technical remedies to prevent unsolicited bulk communications.
OnlineDetective reserves the right to run advertisements and promotions on the OnlineDetective website. By accepting the terms of this License, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising the OnlineDetective website is subject to change and shall be determined by us at our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OnlineDetective website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OnlineDetective is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on OnlineDetective web site.
You are responsible for paying all applicable taxes and other costs, however called, imposed by any applicable federal, state or local or foreign government or regulatory authority in connection with your use of the services, whether such is imposed now or later by the applicable authority, even if such imposition occurs after the receipt or use by you of the Software or the termination or expiration of the License. You are responsible for paying all hardware and software costs and providing all equipment and software necessary to connect to OnlineDetective`s web site, servers and network and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.
Restrictions on Access
You may access OnlineDetective Services only through the interfaces and protocols provided or authorized by OnlineDetective. You agree that you will not access OnlineDetective servers and Products through unauthorized means, such as unlicensed software clients.
You are responsible for obtaining and maintaining the equipment and connectivity services (e.g. telephone, cable, etc.) necessary to access and use the OnlineDetective Product and for any charges, telephone or other, associated with connecting to the Internet to use the Product. Such charges may vary upon your location, access number and may include long distance telephone charges.
The OnlineDetective service may be vulnerable to various security issues and should not be considered secure. By using the OnlineDetective services you may be subject to various risks, including, among others:
-Unauthorized exposure of information.
-Unauthorized invasion of your or someone else’s privacy during, or as a result of, your or another`s use of the Service.
-Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be unlawful.
If you do not wish to be subjected to these risks you are advised not to use the services.
As between OnlineDetective and you, OnlineDetective is the sole owner of the Software, OnlineDetective Products, including without limitation, all applicable U.S. and non-U.S. Copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable Copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
Any unsolicited materials submitted or sent to OnlineDetective will be deemed to be not confidential or secret. By submitting or sending information or other material to OnlineDetective you:
(a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and
(b) grant OnlineDetective an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that OnlineDetective is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
Changes to Service
OnlineDetective has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of OnlineDetective Services including, but not limited to, the Software, website, server availability, hours of availability, equipment needed for access or use, the update frequency, or the availability of OnlineDetective Products on any particular device or communications service. OnlineDetective may provide different users with different level of service or service features availability, or cease to provide service to some or all users. OnlineDetective has no obligation to provide you with prior notice of any such changes.
YOUR USE OF ONLINEDETECTIVE SERVICES IS AT YOUR SOLE RISK. ONLINEDETECTIVE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITATION OF THE FOREGOING, ONLINEDETECTIVE AND ITS VENDORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONLINEDETECTIVE AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ONLINEDETECTIVE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ONLINEDETECTIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ONLINEDETECTIVE SERVICES WILL BE CORRECTED. ONLINEDETECTIVE AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ONLINEDETECTIVE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ONLINEDETECTIVE PROVIDES ONLINEDETECTIVE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE ONLINEDETECTIVE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT ONLINEDETECTIVE WILL HAVE ADEQUATE CAPACITY FOR ONLINEDETECTIVE SERVICES AS A WHOLE.
THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE,
INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ONLINEDETECTIVE DOES
NOT WARRANT OR GUARANTEE THAT ALL VERSIONS SHALL BE PROVIDED WITH
SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE
ABILITY TO USE THE SERVICE. ONLINEDETECTIVE DOES NOT WARRANT OR
GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE
OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE
MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE
FUNCTIONS OR SERVICES PERFORMED BY ONLINEDETECTIVE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE INFORMATION,
EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO
ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE
OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR
INFORMATION OR SYSTEM.
IN NO EVENT WILL ONLINEDETECTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, LOSS OF GOODWILL, OR INFORMATION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE ONLINEDETECTIVE SERVICES, EVEN IF ONLINEDETECTIVE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ONLINEDETECTIVE`S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ONLINEDETECTIVE`S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ONLINEDETECTIVE (INCLUDING WITHOUT LIMITATION YOUR USE OF ONLINEDETECTIVE SERVICE) IS TO DISCONTINUE YOUR USE OF ONLINEDETECTIVE SERVICES. ONLINEDETECTIVE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ONLINEDETECTIVE PRODUCT PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
This License shall be governed by, and construed and enforced in accordance with, the laws of the State of Arizona, without regard to principles of conflicts of law. Any dispute arising out of or in connection with this License, or in future agreements resulting there from, shall be exclusively resolved before the competent court in Phoenix, Arizona.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and privacy. Specifically, you agree to comply with all applicable laws regarding privacy and privacy invasion which apply in the country in which you reside.
No Support by
You understand that your use of the Services is at your own risk and that OnlineDetective does not commit to provide any assistance other than the information posted on the OnlineDetective Web site located at www.OnlineDetective.com. OnlineDetective is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Service
You agree to defend, indemnify and hold harmless OnlineDetective, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys` fees, arising out of your use of OnlineDetective Services. OnlineDetective reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for OnlineDetective in that matter.
OnlineDetective has the right to terminate your access to OnlineDetective Services for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). OnlineDetective may, but shall be under no obligation to, provide you a warning prior to termination of your use of OnlineDetective Services.
Third parties may offer from time to time applications or services to access OnlineDetective Services. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. OnlineDetective does not represent and warrant that access and use of OnlineDetective Services through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access OnlineDetective Services at all times and locations of your choosing. You also agree that OnlineDetective is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make OnlineDetective Services accessible through these third-party applications.
The OnlineDetective service may provide, or third parties may provide, links to World Wide Web sites or other Internet resources. Any third-party sites to which OnlineDetective Services may link are not under control of OnlineDetective. OnlineDetective does not have any responsibility or liability for any information, data, communications, materials or other content available on such third-party sites or any changes or updates to such sites. OnlineDetective is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OnlineDetective of the site
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from OnlineDetective, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.
OnlineDetective, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY ONLINEDETECTIVE PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM ONLINEDETECTIVE ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that OnlineDetective generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to OnlineDetective during registration or (2) on a welcoming screen or top page of the relevant OnlineDetective Product. The delivery of any Notice from OnlineDetective is effective when sent by OnlineDetective, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
The OnlineDetective name, logo, and other OnlineDetective related properties are trademarks of OnlineDetective. All other trademarks appearing on OnlineDetective services are trademarks of their respective owners.
This License constitutes the entire understanding between OnlineDetective and you with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
The failure or delay of OnlineDetective to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations.
Provisions Unenforceable or Invalid
Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. OnlineDetective may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.