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
By
using OnlineDetective services, including servers, databases,
directories, network, tools, information, components,
OnlineDetective.com, features, functionality, as well as any
application, software, component, program created or made available
by OnlineDetective as well as any software application, tool,
feature, service and website provided by or through OnlineDetective
(“OnlineDetective”), that utilizes, is supported by, influences
the functionality and user experience of, or utilizes for its
operation, to any extent, directly or indirectly, any of the above
(“OnlineDetective Services”) you agree to these terms and
conditions, and all modifications thereto including all rules that
may be published from time to time by OnlineDetective ("Terms of
Service") and the OnlineDetective privacy policy. Each time you
use an OnlineDetective Product, you reaffirm your acceptance of the
then-current Terms of Service. If you do not wish to be bound by
these Terms of Service, you may discontinue using OnlineDetective
Services. You cannot use OnlineDetective Services until you have
accepted these 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
of Service
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.
Grant of
License
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.
Limitation of
Use
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.
Advertising
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.
Taxes
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.
Your Access
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.
Risks
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.
Intellectual
Property Rights
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.
Unsolicited Materials
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.
Disclaimer of
Warranty
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.
No Liability
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
Applicable
Law
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.
International Use
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
OnlineDetective
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
Indemnification
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.
Termination
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-party Sites
and 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
Export Control
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.
Electronic
Delivery Policy
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.
Trademarks
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.
Entire
Agreement
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.
No Waiver
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.
Survival
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.
Assignment
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.