SECTION 2.01 INTELLECTUAL PROPERTY
(a) All trademarks, service marks, and trade names on the Websites, including the Open Longevity marks (collectively the “Marks
”) are trademarks or registered trademarks of, and are proprietary to, (1) Open Longevity or (2) other rightsholders that have granted Open Longevity the right and license to use such Marks. Open Longevity owns and/or is a valid holder to all rights, title, and interest in the Websites and the Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Websites and the Services, and the compilation of the content, code, data, and materials on the Websites and the Services, including all intellectual property and proprietary rights (the “Content
”). The Websites, the Services, and the Content are copyrighted and are either the property of Open Longevity or are validly held or used by Open Longevity under licenses granted by the respective rightsholders. We may change the Websites or the Services or delete the Content or features at any time, in any way, for any or no reason.
(b) Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Websites. Requests for written consent may be made via electronic mail address set forth in Section 3.09.
(c) Open Longevity shall be the sole and exclusive owner and/or authorized rightsholder of the Services, Websites, and the Content, all new versions, improvements, enhancements, additions, and modifications to the Services, the Websites, or the Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Websites, the Services, and the Content, and all tangible media on which the Services, the Websites, and the Content are maintained. You shall have no claim or right whatsoever with respect to the Services, the Websites, or the Content except for the limited license to use the Services, the Websites, and the Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, the Websites, or the Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download onto a single personal computer and print in portions of the Content from the Websites and the Services solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Websites, the Services, or the Content without Open Longevity’s prior consent in writing. If you undertake any such prohibited action, your license shall be automatically terminated.SECTION 2.02 COMMUNICATION
(a) When you submit your contact information to sign up for Open Longevity’s profile or to use the Services, you agree and consent that Open Longevity may from time to time send you communications via electronic mail relating to our programs, events, or recommended charity projects for donation. Please contact us via electronic mail address set forth in Section 3.09 to opt out of receiving such communication.
(b) By providing Open Longevity with a phone number, you agree that you have provided your consent to receive informational and transactional voice and/or text messages from Open Longevity using an artificial or prerecorded voice, which may be sent using an automatic telephone dialing system. Data and messaging rates may apply. You further warrant to Open Longevity that you are the subscriber of the phone number you have provided, or that you are the customary user of the phone number you have provided. You agree to promptly notify Open Longevity if service for any phone number provided by you is cancelled or if your phone number changes. Telephone calls with Open Longevity may be recorded for quality and training purposes. You agree and consent to the recording of any telephone calls between you and Open Longevity and, further, represent and covenant that the subscriber or customary user of any phone number you have provided to us at which we may contact you, has been informed of and provided his or her consent to the foregoing call recording.SECTION 2.03 PRIVACY
, the terms of which are incorporated herein by reference.SECTION 2.04 IMPROVEMENTS
(a) Open Longevity may update or otherwise modify the Websites or the Services at any time for any reason in Open Longevity’s sole discretion. Open Longevity may shut down the Websites or the Services for maintenance and development work when necessary. Open Longevity shall have no obligation whatsoever to customize, modify or improve the Websites or the Services.SECTION 2.05 RULES OF CONDUCT
(a) You acknowledge and agree that:
SECTION 2.06 CLAIMS OF COPYRIGHT INFRINGEMENT
- you will not use the Websites or the Services in connection with pyramid schemes, chain letters, junk electronic mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise). You will not send unsolicited or unauthorized advertising, solicitations, spam, junk electronic mail or harvest or collect electronic mail or other contact information of other Users of the Websites for the purposes of sending spam;
- you will not use the Websites or the Services for the sale of goods or services or to conduct raffles or sweepstakes;
- you will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Websites or the Services;
- you will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information;
- you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Open Longevity, is objectionable, or which may expose the Websites, the Services, or their Users to any harm;
- you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes;
- you will not reverse engineer any aspect of the Websites. You will not use spiders, scrapers, crawlers, or other automated means or interface not provided by us to access the Websites or to extract data;
- you will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- you will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner;
- you will not falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- you will not restrict or inhibit any other authorized Users from using and enjoying the Websites or the Services;
- you will not violate any applicable laws or regulations;
- you will not create a false identity for the purpose of misleading others;
- Open Longevity reserves the right to remove you from any Website or the Services at any time for any reason;
- we take no responsibility and assume no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Open Longevity liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Open Longevity is not liable for any statements, representations, or content provided by its Users on the Websites or via using the Services. Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Websites or via using the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Websites or via using the Services.
(a) We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright.
(b) Notifications of claimed copyright infringement must be sent to Open Longevity’s contact details set forth in Section 3.09.
(c) To be effective, the notification must be a written communication that includes the following:
- a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 us to locate the material;
- information reasonably sufficient to permit us 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;
- 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
- 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.
(d) We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Websites, electronic mail to a User’s e-mail address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
SECTION 2.07 USER DATA
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- a statement from you under the penalty of perjury, that you 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; and
- your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Open Longevity may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
.SECTION 2.08 USER GENERATED CONTENT AND LICENSING RIGHTS
(a) The Open Longevity may allow you to upload, download, or share content at the Websites available to other Users or third parties (the “User Generated Content
”). At the same time, Open Longevity shall not permit you to use the Websites or the Services for uploading, downloading, or sharing any User Generated Content that you do not have a right to use and share without the prior consent of the relevant rightsholders.
(b) By use of any User Generated Content on our Websites or via the Services, you represent and warrant that:
- you are the original author or creator of the User Generated Content and/or have full copyright, title and interest or have a license in and to any User Generated Content;
- you have the full power and authority to upload, download and/or share such User Generated Content; and
- the use of all or any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, privacy or publicity rights or any other personal or proprietary rights of a person or entity and will not defame or libel any person or entity.
(c) You acknowledge that we and/or our designees may or may not pre-screen the User Generated Content, and that we have no control over the User Generated Content, therefore we do not guarantee the accuracy, integrity, or quality of such content. We shall have the right (but not the obligation), in our sole discretion, to move, remove, block access to, monitor, screen, modify, refuse or decline to restore any User Generated Content or your access to any User Generated Content for any or no reason, including without limitation that such User Generated Content violates the Terms & Conditions or is otherwise objectionable.
(d) Where the Websites enable you to communicate with us and/or other Users, you may not use the Websites to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Websites into dispute.
(e) Open Longevity takes no responsibility and assumes no liability for any User Generated Content uploaded, transmitted, or downloaded by you, any User or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity, you may encounter. As the provider of the Websites and the Services, we are only a conduit and are not liable for any statements, representations, or content provided by the Users. Any opinions, advice or recommendations expressed therein are those of the Users providing such content and not those of Open Longevity. Open Longevity does not endorse any content or any opinion, recommendation or advise expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Websites or the Services are used to disseminate statements that are currently or are potentially harmful or inflammatory.
(f) You agree that by making available your User Generated Content on or through the Websites, you thereby grant Open Longevity a worldwide, irrevocable, perpetual or defensive non-exclusive, transferable, free license with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, transmit, broadcast, broadcast, access, view and otherwise use such content. Open Longevity does not claim any ownership rights in any such User Generated Content, and nothing in the Terms & Conditions will be deemed to limit any rights you may have to use any such content.