Terms and conditions
Open Source Entertainment (“OSE”) welcomes you to the website, OSE.com (the “Website”). Please read this User Agreement carefully, including the OSE Online Privacy Statement.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE OSE WEBSITE OR THE OSE SERVICE.
From time to time we may revise this User Agreement including its Online Privacy Statement, so be sure to check these web pages occasionally. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the OSE Website after we post a change, it means you agree to the new rules.
Online Privacy Statement & Information: You Voluntarily Submit to the OSE Site
Please review our Online Privacy Statement, which is part of this User Agreement and describes how we handle any personally identifying information about OSE Website users, including information you voluntarily submit to the OSE Website. By providing such information, you hereby acknowledge and agree to OSE’s treatment of such information as described in the Online Privacy Statement.
Information You Post to the OSE Website
Overview of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets, and End User and Members
OSE is the provider of a services under the terms and conditions set forth in the Agreement (“Service” or “OSE Service”). Access to and use of the OSE Service involves access to and use of the Web site located at http://www.opensourceent.com(“OSE Website”). The OSE RSS Feed and OSE Social Media Accounts are collectively referred to in the Agreement as the “OSE Content Distribution Outlets.” Unless indicated otherwise in the Agreement, reference to the “OSE Website” includes the OSE Blog and the OSE Content Distribution Outlets.
Anyone who accesses or uses the OSE Service, OSE Website, OSE Blog, or OSE Content Distribution Outlets is an “End User,” as used in the Agreement. Each End User who registers as a member to use the OSE Services is a “Member,” as used in the Agreement.
All End Users must be old enough to consent to and be legally bound by the Agreement in order to access and use the OSE Service and OSE Website. For the avoidance of doubt, in accordance with the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), the OSE Service and OSE Website are not intended or designed to attract children under the age of fourteen (14). Any access to or use of the OSE Service or OSE Website by anyone under the age of fourteen (14) is unauthorized, unlicensed, and in violation of the Agreement. Children under 14 years old should not provide personal information to us. We will immediately remove any such personal information from children as soon as we are alerted to the presence of the information.
By using the OSE Service and OSE Website, you represent and warrant that you are fourteen (14) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If OSE believes that you are under the age of fourteen (14) or that you are not old enough to consent to and be legally bound by the Agreement, OSE may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the OSE Service or OSE Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted on the OSE Website.
Scope of the Agreement
The Agreement sets forth your rights and obligations with respect to your access to and use of the OSE Service, OSE Website, OSE Blog, OSE Marketplace and, to the extent the Agreement is not clearly contradictory to or expressly superseded by applicable terms of service of relevant third-party services, the OSE Content Distribution Outlets. The Agreement applies to your access to or use of any and all information or data of any kind arising from access to, or use of, the OSE Service, OSE Website, OSE Blog, and, to the extent the Agreement is not clearly contradictory to or expressly superseded by applicable terms of service of relevant third-party services, the OSE Content Distribution Outlets, including, without limitation, any text, graphics, sound recordings, audio, video, and artwork.
Other Terms and Conditions
If any new products or services become available through the OSE Service, OSE Website, OSE Blog, OSE Marketplace or OSE Content Distribution Outlets, your review or use of any such new products or services will be governed by the Agreement, unless OSE notifies you that different terms and conditions shall apply. Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the OSE Service, OSE Website, OSE Blog, OSE Marketplace or OSE Content Distribution Outlets, including without limitation contests, promotions, or other similar features, all of which are incorporated by reference into the Agreement. If there is a conflict between the Agreement and the terms posted for or applicable to a specific portion of the OSE Service, OSE Website, OSE Blog, OSE Marketplace or OSE Content Distribution Outlets or for any service offered on or through the OSE Service, OSE Website, OSE Blog, OSE Marketplace or OSE Content Distribution Outlets, the latter terms shall control with respect to your use of that portion of the OSE Service, OSE Website, OSE Blog, OSE Marketplace or OSE Content Distribution Outlets, or such specific service. In addition, you agree to comply with any additional terms which apply to third-party content, material, information, software, or any other services of any kind.
You understand that by accessing and using the OSE Service, OSE Website, OSE Blog, OSE Marketplace and OSE Content Distribution Outlets that you may encounter content that may be deemed offensive, indecent, or objectionable, and which content may or may not be identified as having explicit language. Nevertheless, you agree to use the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets at your sole risk and that OSE shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Open Source Entertainment owns or licenses the copyright in all the materials on the OSE Website, including text, graphics, logos, button icons, audiovisual works, performance rights, audio clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws ("OSE Content").
Open Source Entertainment is not and will not be responsible (liable) for user submitted content including text, graphics, logos, button icons, audiovisual works, performance rights, audio clips, photographs, and software that is obtained through illegal or on behalf of copy right infringement malicious use. Your use of any material on the OSE Website is subject to the following rules:
Permitted Distribution. You may not copy or distribute any materials that appear on the OSE Website, in print or digital format, unless indicated on the specific web page on which are located indicates you may do so, except that your browser may “cache” images from the OSE Website solely for browsing purposes.
Unless explicitly stated otherwise, all distributed copies must display the following copyright notice:
Copyright 20012 - 2013 Open Source Entertainment,
Reprinted with permission of Open Source Entertainment: http://www.opensourceent.com.
Distribution Requiring Advance Written Permission. You must obtain written permission in advance if you wish to reproduce OSE Content including text, videos, drawings, photographs, podcasts, etc.. You can request this permission by sending us an email at firstname.lastname@example.org that contains the information listed below:
• a complete description of the OSE Content requested, such as the URL of the web page that contains the OSE Content, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the OSE Content;
• a description of the intended audience;
• a description of the manner of distribution;
• the length, retail price, and approximate size of first printing or circulation that will include the OSE Content;
• a description of the geographic scope of the distribution and the length of time for which rights are being requested. (Please note that OSE grants only nonexclusive rights);
• a reply fax number or email address and a phone number.
All OSE-related trademarks on the OSE Website (collectively "OSE Trademarks") are registered trademarks in the United States and other countries. The following rules apply to use of the material:
You may not use the OSE Trademarks for any product or service that does not belong to OSE, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the OSE Trademarks in any manner that disparages or discredits us. You may not use any third party trademark that may appear on the website without express written permission from the third party trademark owner.
Enforcement of Intellectual Property Rights
You acknowledge that OSE will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable.
Frames and Metatags
You may not use metatags or any other "hidden text" that incorporates OSE Trademarks without our express written consent, nor may you use OSE Trademarks as hidden tags for Adwords®, banner advertising or other advertising means using hidden data without the express written permission of Open Source Entertainment.
Restrictions on Access to and Use of the OSE Website
In addition to any other obligations set forth in the Agreement, you hereby agree not to use or launch any automated system, including without limitation, any “deeplink”, “page-scrape”, “robot,” “spider,” “offline readers,” or other automatic device, program, algorithm, or methodology, that accesses, acquires, copies, or monitors any portion of the OSE Website or the OSE Service (or any content of the same) in a manner that sends more request messages to the OSE servers in a given period of time than a human can reasonably produce in the same period via a conventional online Web browser, or in any way reproduce or circumvent the navigational structure or presentation of the OSE Website or the OSE Service (or any content of the same), to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the OSE Website or the OSE Service, or to interfere with the normal functioning of any sale. OSE reserves the right to prevent any such activity by any legal means. Notwithstanding the foregoing, OSE grants the operators of public search engines permission to use spiders to copy materials from the OSE Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and OSE reserves the right to revoke these exceptions either generally or in specific cases.
You agree that you will not attempt to gain unauthorized access to any portion or feature of the OSE Website or the OSE Service or any other systems or networks connected to the OSE Website or the OSE Service, or to any OSE server or the server or computer of any OSE End User, or to any of the services offered on or through the OSE Website, by hacking, password mining, or any other illegitimate means.
You agree that you may not use, nor allow others to use, the OSE Website or the OSE Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair, interfere with, alter, or modify the OSE Website or the OSE Service or any information, data, or materials posted and/or displayed by OSE or anyone else; (ii) to act in a way that affects or reflects negatively on OSE, the OSE Website, or the OSE Service, or anyone else; or (iii) to harvest, collect, or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party’s prior consent.
You agree that you are prohibited from violating or attempting to violate the security of the OSE Website or the OSE Service, including, without limitation: (i) accessing data not intended for you or logging onto a processor, communications, or access device; (ii) attempting to probe, scan, or test the vulnerability of the OSE Website or the OSE Service or to breach any implemented security or authentication measures, regardless of your motives or intent; or (iii) attempting to interfere with or disrupt access to or use of the OSE Website or the OSE Service by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code. Any such violations or attempted violations of system or network security by you may result in civil or criminal liability to you. OSE reserves the right to investigate occurrences, which may involve such violations or attempted violations, and OSE may involve, provide information to, or cooperate with law enforcement authorities in prosecuting any End User who is involved in any such violations.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to OSE on or through the OSE Website or any service offered through the OSE Website. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
You may not access or use the OSE Website or a OSE Service for any purpose that is unlawful or prohibited by the Agreement, or solicit the performance of any illegal activity or other activity which infringes the rights of OSE or others (specifically including, without limitation, copyright infringement).
Links to Other Websites
The OSE Website contains links to other websites that we think may be of interest to you. We are not responsible for and have no control over these other sites or their content, which may be governed by its own user agreement and privacy statements.
The OSE Website may be linked to other sites on the Internet that are not under the control of or maintained by OSE. Such links do not constitute an affiliation with or endorsement by OSE of any such sites. You acknowledge that OSE is providing these links to you solely as a convenience to you, and you agree that OSE is not responsible for the content or links displayed on such sites to which you may be linked. OSE does not endorse or make any representations about these Websites, or any content found thereon. If you access any of the third party Websites linked on this OSE Website, you do so at your own risk.
The OSE Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. OSE has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third party materials, you do so at your own risk. In no event shall OSE be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
Inaccuracies on the OSE Website
Your use of the OSE Website is at your own risk. Although OSE attempts to ensure the integrity of the OSE Website, it makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the OSE Website. The OSE Website may include inaccuracies or errors that may affect the quality of the information provided on the OSE Website and a possibility exists that unauthorized additions, deletions, and alterations have been made to the OSE Website by unauthorized third parties. The information has not been independently verified or authenticated in whole or in part by OSE. More specifically, OSE does not warrant the accuracy or timeliness of the OSE Website Materials. Furthermore, the prices and availability of products and/or services, including the OSE Service, available via the OSE Website may at any time change without notice to you. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Availability of the OSE Website and the OSE Service
It is not possible to operate the OSE Website or the OSE Service with 100% guaranteed uptime. OSE will make reasonable efforts to keep the OSE Website and the OSE Service operational. However, certain technical difficulties, routine site maintenance/upgrades, and other events may, from time to time, result in interruptions to or outages of the OSE Website or the OSE Service. In some cases, system outages may interrupt the ability to view or bid upon sales. In this case, OSE will make commercially reasonable efforts to halt all sales and bidding on affected sales until the system outage is resolved. Sales that are halted or terminated for any reason will be clearly designated as such. OSE will make commercially reasonable efforts to resume the sales after the outage is resolved. In the event of a system wide outage that prevents you from bidding, or in the event that a sale on which you are bidding is terminated other than by a winning bid, OSE may, in its sole discretion, credit your account with any credits spent by you for the sale that you were participating in at the time of such outage or termination.
In addition, OSE reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the OSE Website or the OSE Service (including any sale), with or without notice.
You agree that OSE shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the OSE Website, the OSE Service, or any particular sale.
Preservation of Data
You acknowledge and agree that OSE may, but has no obligation to you and is not required under the Agreement to, (i) preserve any and all transmittals or communications of data by you through the OSE Website, the OSE Service, or any service offered on or through the OSE Website or OSE Service, and/or (ii) disclose such data if required to do so by law or if OSE determines that such disclosure is reasonably necessary (a) to comply with legal process, (b) to enforce the Agreement, (c) to respond to claims that any such transmittal, communication, or data violates the rights of others, or (d) protect the rights, property, or personal safety of OSE, its employees and agents, End Users and the public.
License Granted by You to OSE
Disclaimers of Liability
OSE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (I) THE OSE SERVICE, OSE WEBSITE, OSE BLOG, AND OSE CONTENT DISTRIBUTION OUTLETS; AND (II) THE PRODUCTS AND SERVICES OFFERED THROUGH THE OSE SERVICE, OSE WEBSITE, OSE BLOG, OR OSE CONTENT DISTRIBUTION OUTLETS, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. OSE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE OSE SERVICE, OSE WEBSITE, OSE BLOG, OR OSE CONTENT DISTRIBUTION OUTLETS IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE BID. THE ITEMS THAT YOU MAY WIN THROUGH THE OSE SERVICE ARE SOLD WITH THE MANUFACTURER’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE OSE SERVICE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER.
Limitation of Warranties
ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE OSE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE OSE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE OSE WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF OSE, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES, SUCCESSORS, ASSIGNEES, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM OR IN CONNECTION WITH (I) THE OSE SERVICE OR THE OSE WEBSITE, INCLUDING THE OSE BLOG AND OSE CONTENT DISTRIBUTION OUTLETS; OR (II) THE PRODUCTS AND SERVICES OFFERED THROUGH THE OSE SERVICE OR OSE WEBSITE, INCLUDING THE OSE BLOG AND OSE CONTENT DISTRIBUTION OUTLETS, OR ANY PORTION THEREOF.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OSE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO ITS RELATIONSHIP WITH YOU (INCLUDING ANY OF ITS PRODUCTS OR SERVICES), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO OSE FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY (WHICH MAY BE LIMITED TO THE AMOUNT YOU PAID FOR CREDITS TO PARTICIPATE IN OSE SALES), OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO OSE IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold OSE and its officers, employees, licensors, suppliers, partners, affiliates, successors, assignees, and third party service providers harmless against any losses, expenses, costs, or damages (including reasonable attorneys’ fees, expert’s fees, and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of, or failure to comply with, the Agreement, or (ii) your use of the OSE Website, including the OSE Blog and OSE Content Distribution Outlets, or the OSE Service. OSE may, in its discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect OSE’s rights or obligations shall be made without OSE’s prior written approval. OSE reserves the right, at its own expense and upon notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.
We reserve the right to terminate the OSE Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions.
You agree that OSE may, in its sole discretion and without prior notice, terminate your access to or use of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets at any time and for any reason, with or without cause.
Without limiting the generality of the foregoing, OSE may, in its sole discretion and without prior notice, terminate your access to or use of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets and/or block your future access to or use of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets, if OSE determines in its sole discretion that you have violated the Agreement. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to OSE for which monetary damages would be inadequate. You consent to OSE obtaining any injunctive or equitable relief that OSE deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies OSE may have at law or in equity.
The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.
Notice and Takedown Procedure
OSE is committed to resolving any copyright infringement issues according to the Digital Millennium Copyright Act as outlined in this Notice and Takedown Procedure.
Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of title 17 of the United States Code (“Copyright Act”) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email is the best way to help us locate content quickly;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent by email to:
[email@example.com, Subject: OSE DMCA Copyright Infringement Notification]
or written communication to:
OSE DMCA Complaints
ATTN: Copyright Infringement Notification
6222 Slender Sky,
Columbia MD 21044
What Happens Next? After we receive your copyright infringement notification, we will expeditiously take down the work(s). We will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer.
If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on OSE. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification. The process for counter-notifications is governed by Section 512(g) of the Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific materials that OSE has removed or to which OSE has disabled access;
2. Provide your full name, address, telephone number, and email address, and the username of your OSE account;
3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the United States District Court of Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person;
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Send email to the following address:
[firstname.lastname@example.org, Subject: OSE DMCA Copyright Infringement Notification]
or written communication to:
OSE DMCA Complaints
ATTN: Copyright Infringement Notification
6222 Slender Sky,
Columbia MD 21044
What Happens Next? A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on OSE. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Access and Use Where Prohibited
Access to and use of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section 17.
Local Laws and Export Control
By accessing and using the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets, you acknowledge and agree that OSE controls and operates the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets from its headquarters in the United States of America and that the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets are intended for viewing in the United States. OSE makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets are solely directed to individuals, companies, or other entities located in the United States. OSE reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the OSE Service, OSE Website, OSE Blog, or OSE Content Distribution Outlets is void where prohibited. If you use the OSE Service, OSE Website, OSE Blog, or OSE Content Distribution Outlets from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the OSE Service, OSE Website, OSE Blog, or OSE Content Distribution Outlets in violation of United States export laws and regulations.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Maryland. All suits, proceedings and other actions relating to, arising out of or in connection with this Agreement shall be brought in the United States District Court for the Northern District of Maryland (the “Federal Court”), if the Federal Court has subject matter or diversity jurisdiction, or, if the Federal Court lacks such jurisdiction, then in the Circuit Court for Howard County, Maryland. Each party hereby consents to the personal jurisdiction of such courts, agrees that venue shall properly lie in each such courts, and hereby waives any claim against or objection to personal jurisdiction of such courts and any contention that the venue of such courts is an inconvenient forum.
OSE intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to OSE in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. OSE shall respond within ten (10) business days. You and a representative of OSE shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and OSE mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and OSE fail to resolve the matter, you may then proceed to litigation in the forum described above.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the rights and obligations of the parties arising prior to the date of termination or which, by their nature or the context in which they appear herein, would continue beyond such termination, including rights and obligations arising with respect to any breach of this Agreement that occurs or any indemnification obligation that accrues before such date of termination, will not be affected by such termination but will survive such termination, unless otherwise expressly agreed in writing by the parties hereto.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
Surviving Provisions and Limitation on Causes of Action
Any provision which must survive in order to allow OSE to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your access to or use of the OSE Service, OSE Website, OSE Blog, and OSE Content Distribution Outlets, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
Costs for Legal Action
If OSE does take any legal action against you as a result of your violation of the Agreement, OSE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to OSE. You agree that OSE will not be liable to you or to any third party for termination of your access to, or use of, the OSE Service, OSE Website, OSE Blog, or OSE Content Distribution Outlets as a result of any violation of the Agreement.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by OSE. Any purported assignment lacking such consent will be void ab initio.
OSE may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the OSE Website.
In the event that OSE is unable to perform any of its obligations under this Agreement because of natural disaster, action or decrees of governmental bodies, communication line failure, “Act of God,” or like events (hereinafter referred to as a "Force Majeure Event"), OSE shall make commercially reasonable efforts to give notice to you of such Force Majeure Event and to resume performance in due course upon resolution of the Force Majeure Event. Such Force Majeure Events include, but are not limited to such Events that affect servers, communications and/or access to the internet in locations distant from the gREATEST, but which nonetheless affect the function and Services of the OSE Website. During such a Force Majeure Event, all obligations of OSE under this Agreement shall be immediately suspended until such Force Majeure Event is resolved and OSE has resumed performance. You agree that OSE shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any failure by OSE to perform an obligation under this Agreement during a Force Majeure Event, including without limitation any failure by OSE to recognize, honor, or validate any transaction in which your bid is not received, delayed or otherwise rejected during a Force Majeure Event.