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OIB Site Use Policy

The site will not protect your identity if you make libelous assertions, outrageous allegations or accuse someone of criminal conduct without credible proof. If you think you have proof of illegal conduct, go to the authorities. You can criticize, you can express a passionate opinion, but do not attempt to soil a reputation through lies and hate. OIB has the right to edit, reject or ban comments and posters from the site. Ordinarily, OIB will approve your very first entry. After that your posts will appear immediately.

OIB Site Use Policy, revised 23-August 2013

Welcome to OIB! Your use of OIB says you have read and agree to our site use policy including any future amendments:

Although we may attempt to notify you when major changes are made to this site use policy, you should periodically review the most up-to-date version. We may, at our sole discretion, modify or revise this site use policy at any time, and you agree to be bound by such modifications or revisions.

1. Description of OIB. OIB is a web magazine. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree OIB is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of OIB. We also reserve the right to modify, suspend or discontinue OIB with or without notice at any time and without any liability to you.

We reserve the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use. You agree you are responsible for your own use of OIB, for any posts you make, and for any consequences thereof. You agree you will use OIB in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Violation of any of the foregoing may result in immediate termination of your use, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of OIB in order to (a) determine whether a violation of this policy has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Some of the content on OIB–including the contents of specific postings–is provided by and is the responsibility of the person or people who made such postings. OIB reserves the right but shall have no obligation to monitor any content on OIB and takes no responsibility for such content.

By its very nature, political and other opinion on OIB may be offensive, inaccurate or otherwise inappropriate. We expect you will use caution and common sense and exercise proper judgment when posting on OIB.

OIB does not necessarily endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications and/or opinions posted on OIB. You acknowledge any reliance on material posted on OIB will be at your own risk.

3. Privacy. As a condition of using OIB, you agree OIB may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order). Personal information collected by OIB may be stored and processed in the United States or any other country in which our hosting services resides. By using OIB, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree OIB has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by OIB. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content. OIB takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does OIB have any obligation to monitor such third-party content. OIB reserves the right at all times to remove or refuse to distribute any content on OIB, such as content that violates this policy. OIB also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this policy, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of OIB, its users and the public. OIB will not be responsible or liable for the exercise or non-exercise of its rights per this policy.

6. Intellectual Property Rights. You acknowledge that Momentum Communications LLC owns all rights, title and interest in and to OIB, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from OIB. You also agree you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from OIB, except as provided by OIB. As described immediately below, our rights do not include third-party content used as part of OIB, including the content of communications appearing on OIB.

Your Intellectual Property Rights. OIB claims no ownership or control over any Content submitted, posted or displayed by you on or through OIB. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through OIB and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through OIB which are intended to be available to the members of the public, you grant OIB a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on OIB. OIB furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to submit, post, and display any materials on or through OIB under a public license (e.g. a Creative Commons license) by marking your materials as such. For avoidance of doubt, OIB is not a party to any such public license between you and any third party. Also, for avoidance of doubt, OIB may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this policy.

7. No Resale of the Service. Unless expressly authorized in writing by OIB, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of OIB, (b) use of OIB, or (c) access to OIB.

8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to OIB to participate on OIB is correct and current; and (b) you have all necessary right, power and authority to comply with this policy and to perform the acts required of you hereunder.

9. Termination; Suspension. OIB may, in its sole discretion, at any time and for any reason, terminate OIB, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 – 8, and 10 – 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

10. Indemnification. You agree to hold harmless and indemnify OIB, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, OIB will provide you with written notice of such claim, suit or action.

11. Entire Agreement. This Agreement constitutes the entire agreement between you and OIB and governs your use of the Service, superseding any prior agreements between you and OIB. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other OIB services, affiliate services, third-party content or third-party software.

12. Waiver and Severability of Terms. The failure of OIB to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

13. Statute of Limitations. You agree regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of OIB or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Fairfield County, Connecticut, and you consent to the jurisdiction of such courts.

15. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your copyright has been infringed on OIB, please contact us.

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