OWL-Once Was Lost, Inc.Terms and Conditions
These Terms and Conditions (“Terms”) are a binding contract between you, an individual user (“you”) and OWL-Once Was Lost, Inc. (“OWL”, “we,” “us,” or “our”) governing your use of OWL. OWL is amissing-persons alert platform, which consists of the OWL mobile application, website, and/or any other digital service provided by OWL-Once Was Lost, Inc. (collectively, the “Service”).
PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR, ACCESSING, AND/OR USING THE SERVICE. BY REGISTERING FOR, ACCESSING, AND/OR USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, AND ALL OTHER TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.
OWL may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Service, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Service, and your continued use of the Service after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Service. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Service. If you have any questions about the Terms, please email us at the contact address below.
Subject to these Terms and Conditions, OWL shall provide you with access to: (i) download the mobile application via the Internet and (ii) use the Service offered to create and manage missing-persons alerts. You acknowledge that the access rights granted to you in these Terms are subject to the following restrictions: (i) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; and (ii) you shall not access the Service in order to build a similar or competitive website, product, or service.
You acknowledge that the Service is licensed, not sold to you, and that you may use the Service only as set forth in these Terms. You acknowledge that the Service is for your own use only. You may not resell, lease, or provide the OWL Service in any other way to anyone else.
- You must be at least 13 years old to use the Service. If you are 13 years of age or older and are a minor, you must have permission from your parent or guardian to use the Service. If you do not have permission from your parent or guardian, you will not be entitled to use the Service if you do not satisfy these requirements. By continuing with the installation process, you represent that you are of majority age or, if you are a minor, that your account was created and registered by your parent or guardian or that you have received your parent(s) or legal guardian’s permission to download and use the Service offered on the site under these Terms and your parent or legal guardian has joined you in executing this agreement. Further, if you are a parent who is registering for a minor 13 years of age or older, you hereby agree to bind your minor to these terms and to fully indemnify and hold harmless OWL if your minor breaches or disaffirms this agreement.
- You shall not in any way use the Service (such as posting videos or comments) or post to any user of the Service anything that: (i) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; (ii) is fraudulent, criminal or unlawful; (iii) is inaccurate or out-of-date; (iv) is violent, obscene, pornographic or sexually suggestive, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue; or (v) impersonates any other person or body or misrepresents a relationship with any person or body. We reserve the right to remove such content from the Service and from being shared without notifying the user.
- You also must not upload any material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity. We reserve the right to remove such content from the Service and from being shared without notifying the user.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, profiles, applications, links and other material that you submit, post, or display on or via the Service.
- You are responsible for keeping your password secret and secure. You also agree that you will not solicit, collect, or use the usernames and passwords of other OWL users.
- You must not create accounts with the OWL Service through unauthorized means, including but not limited to, by using automated devices such as scripts, bots, and spiders.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Service is rendered or displayed in a user's browser or device.
- You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms.
- Violation of these Terms may, in OWL’s sole discretion, result in termination of your OWL account. You understand and agree that OWL cannot and will not be responsible for the material posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for OWL, we can stop providing all or part of the Service to you.
- We reserve the right to change these Terms at any time without notice to you by posting changes on the OWL website at [http://owl-oncewaslost.com/terms] or by updating the mobile application to incorporate the new Terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Service after changes are posted constitutes your acceptance of the amended Terms.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can close your OWL account by logging into the Service and selecting the appropriate option under the settings page. If we terminate your access to the Service or you close your account, your Personal Information, Dependent Information, and all other data will no longer be accessible through your account.
- Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that OWL is not responsible or liable for the conduct of any user. OWL reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post personal or other information.
- We reserve the right not to publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. We have the right to monitor any materials published or otherwise available on the Service and to investigate any violation of these Terms, and to take any action that we deem appropriate.
- OWL does not proof, edit or change any of the information on the Service, including, without limitation, any of your Personal Information or Dependent Information, or the information of any other OWL user. OWL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information submitted by users. OWL is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Service or combination thereof, including any injury or damage to users’ or to any person’s mobile device or other computer or equipment related to or resulting from participation or downloading the Service or any information offered on the Service. Under no circumstances shall OWL be responsible for any loss or damage, including personal injury or death or property damage, resulting from use of the Service or from any information posted on the Service or transmitted by or to users, or any interactions between users of the Service, whether online or offline.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and videos.
- We try to make OWL bug free; however we make no warranty that your access to the Service will be uninterrupted, timely, or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Service for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user or on any other mobile device. We do not warrant that the Service will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device and computer), software, data or other property as a result of your download, installation, access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We shall also not be liable for the actions of third parties. We make no representation or warranty, express or implied, that information and materials on the Service are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
- It is possible that some downloads from the Service could be subject to government export controls or other restrictions. If you download anything from or use the Service, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the [United States], and using the Service from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Service from or in locations outside of the [United States], you do so on your own initiative and are responsible for (i) ensuring that what you are doing in that country is legal; and (ii) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OWL SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OR IN CONNECTION WITH THE SERVICE, EVEN IF OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICE. THE SERVICEIS AVAILABLE “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SERVICE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND SERVICES AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SERVICE, THE USE OF THE SERVICE OR OUR AGREEMENT WITH YOU CONCERNING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Your Representations and Warranties
You represent and warrant that (a) your use of the Service will be in strict accordance with these Terms and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside, and (b) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold OWL and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Service and/or any violation of these Terms. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Service and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, and settlement or compromise negotiations, as requested by us.
Links to Third Party Websites
The OWL Service may contain links to third-party websites and services (“Third Party Services”) with which we have no affiliation. A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its terms and conditions, and not these Terms. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Governing Law and Venue
Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Service will be governed by the laws of the[state of California] excluding its conflict of law provisions AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute or claim arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the federal and state courts sitting in the [County of Los Angeles]. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Neither us nor you shall have any remedy in respect to any untrue statement made by the other upon which that party relied in entering into these Terms and Conditions (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms and Conditions) and that party’s only remedies shall be for breach of contract as provided in these Terms and Conditions.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may not assign your rights under this Agreement to any party. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org/.