Others Online Terms of Use

This page contains the terms and conditions ("Terms and Conditions") for use of the Others Online consumer services (collectively, "Consumer Services"), which include the downloadable toolbar application ("Toolbar"), widget and the Others Online website offered by Others Online Inc. ("Others Online" or "We"). By using the Consumer Services, you agree to be bound by these Terms and Conditions, whether you are a "Visitor" (which means that you simply browse the Others Online website) or you are a "Member" (which means that you have registered with Others Online and created a personal profile). The term "User" refers to a Visitor or a Member. You are only authorized to use the Consumer Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms and Conditions. If you do not agree, you should not accept these terms and/or discontinue use of the Consumer Services immediately.

Use of the Consumer Services

You cannot sign in to and use the Toolbar nor communicate with other Members unless you are a Member. A Visitor need not register to search for Members on the Others Online site, but cannot communicate with Members. Others Online reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. Use of and Membership in the Consumer Services is void where prohibited. By using the Consumer Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Consumer Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
Term. These Terms and Conditions shall remain in full force and effect while you use the Consumer Services or are a Member. You may terminate your Membership at any time, for any reason, by uninstalling the Toolbar. Others Online may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms and Conditions will remain in effect.
Advertising. We are able to provide the Consumer Services as a free service to you because we charge companies to show advertisements through or within the Consumer Services. We try to find advertisers who have products or services that might be of interest to you, based on the interests you demonstrate (through your Web browsing) or indicate explicitly, but we can't promise that this will always be the case.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Others Online immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Personal Use Only. The Consumer Services are made available to you for your personal use in compliance with all applicable laws, rules and regulations, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Others Online, Inc. Illegal and/or unauthorized use of the Consumer Services, including collecting usernames and other information about Members by electronic or other means, for the purpose of sending unsolicited email or unauthorized framing of or linking to the website, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Member privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Consumer Services. We reserve the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
Rights in Content. By displaying or publishing ("posting") any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Consumer Services, you hereby grant to Others Online, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Consumer Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Consumer Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Consumer Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Consumer Services.
Content Posted. Others Online may delete any Content that in the sole judgment of Others Online violates these Terms and Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Others Online assumes no responsibility for monitoring the Consumer Services for inappropriate Content or conduct. If at any time Others Online chooses, in its sole discretion, to monitor the Consumer Services, Others Online nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content. You are solely responsible for the Content that you post on or through any of the Consumer Services, and any material or information that you transmit to other Members and for your interactions with other Users. Others Online does not endorse and has no control over the Content. Content is not necessarily reviewed by Others Online prior to posting and does not necessarily reflect the opinions or policies of Others Online. Others Online makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Consumer Services. Others Online reserves the right to investigate and take appropriate legal action against anyone who, in Others Online' sole discretion, violates this provision, including without limitation, removing the offending communication from the Consumer Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Others Online: (1) threaten, bully or humiliate any other person, (2) are obscene or pornographic, (3) depict violence against people or property, (4) could violate the ownership rights of other people or companies, including trademarks or copyrights, (5) promote or depict racism, bigotry or hatred toward any individual or group.
Member Disputes. You are solely responsible for your interactions with other Members. Others Online reserves the right, but has no obligation, to monitor disputes between you and other Members.

Distribution

You may not distribute the Toolbar or any services or software associated with or derived from it, modify, copy, license, or create derivative works from the Consumer Services, unless you have a distribution agreement with Others Online.

Automatic Updates

The Toolbar may communicate with our servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Toolbar sends Others Online a request for the latest version information. By installing the Toolbar, you hereby agree to automatically request and receive Updates from Others Online's servers.

Information Practices

Protecting users' privacy is very important to Others Online. As a condition of using the Consumer Services, you agree to the terms of the Others Online Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by Others Online may be stored and processed in the United States or any other country in which Others Online Inc. or its agents maintain facilities. By using the Consumer Services you consent to any such transfer of information outside of your country.

Intellectual Property

You acknowledge that Others Online or third parties own all right, title and interest in and to the Consumer Services, portions thereof, or software or content provided through or in conjunction with the Consumer Services, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Consumer Services, or to extract significant portions of the Toolbar's files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Others Online's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Consumer Services.

Indemnity

You agree to indemnify and hold Others Online, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Consumer Services in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Consumer Services causes Others Online to be liable to another.

Feedback

If you have comments on the Consumer Services or ideas on how to improve it, please contact Others Online by visiting http://www.othersonline.com. Please note that by doing so, you also grant Others Online and third parties permission to use and incorporate your ideas or comments into the Consumer Services (or third party software or content) without further compensation or approval.

Changes to Terms and Conditions

Others Online reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at http://www.othersonline.com (or such successor URL as Others Online may provide), so that you will be apprised of any changes.

Disclaimer of Warranties

Others Online and any third party who makes its software or content available in conjunction with or through the Consumer Services disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the Services and/or any third party software or content accessed in conjunction with or through Others Online. OTHERS ONLINE AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OTHERS ONLINE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OTHERS ONLINE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE CONSUMER SERVICES AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE CONSUMER SERVICES AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL OTHERS ONLINE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SERVICES OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OTHERS ONLINE AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, FROM INABILITY TO USE THE CONSUMER SERVICES AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OTHERS ONLINE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONSUMER SERVICES AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CONSUMER SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.