Welcome to Olitham!
DESCRIPTION OF OLITHAM SERVICES
Olitham provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Olitham Services"). You also understand and agree that the Olitham Services may include advertisements and that these advertisements are necessary for Olitham to provide the Olitham Services. You also understand and agree that the Olitham Services may include certain communications from Olitham, such as service announcements, administrative messages and the Olitham Newsletter, and that these communications are considered part of Olitham membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Olitham Services, including the release of new Olitham properties, shall be subject to the TOS. You understand and agree that the Olitham Services is provided "AS-IS" and that Olitham assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Olitham Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Olitham Services.
You understand that the technical processing and transmission of the Olitham Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please note that Olitham has not created any Olitham Services that contain adult or mature content. You must be at least 13 years of age to access and view such areas.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE OLITHAM SERVICES
Olitham does not claim ownership of Content you submit or make available for inclusion on the Olitham Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Olitham Services, you grant Olitham the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Olitham Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Olitham Services solely for the purposes of providing and promoting the specific Olitham Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Olitham Services and will terminate at the time you remove or Olitham removes such Content from the Olitham Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Olitham Services other than Olitham Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Olitham Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Olitham Services and will terminate at the time you remove or Olitham removes such Content from the Olitham Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Olitham Services other than Olitham Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Olitham Services are those areas of the Olitham network of properties that are intended by Olitham to be available to the general public. By way of example, publicly accessible areas of the Olitham Services would include Olitham Message Boards and portions of Olitham Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Olitham Services would not include portions of Olitham Groups that are limited to members, Olitham services intended for private communication such as Olitham Mail or Olitham Messenger, or areas off of the Olitham network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Olitham.
You agree to indemnify and hold Olitham and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Olitham Services, your use of the Olitham Services, your connection to the Olitham Services, your violation of the TOS, or your violation of any rights of another.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Olitham respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Olitham's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Olitham's Agent for Notice of claims of copyright or other intellectual property infringement can be reached By email: [email protected]
Please report any violations of the TOS to our Support Team
Olitham PROPRIETARY RIGHTS
You acknowledge and agree that the Olitham Services and any necessary software used in connection with the Olitham Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Olitham Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Olitham or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Olitham Services, such Content or the Software, in whole or in part.
Olitham grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Olitham Services. You agree not to access the Olitham Services by any means other than through the interface that is provided by Olitham for use in accessing the Olitham Services.
Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Olitham gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Olitham as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Olitham, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Olitham and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.