Terms of Use
Acceptance of Terms
These Terms of Use (these “Terms”) govern the use of the website(s) of Osprey (the “Site”). The Site is operated by us and will provide information to visitors and our customers (collectively, “You” or “Your”) about us and our services, solutions, and other information, as well as customer and consumer access to accounts. We ask that you please review these Terms carefully, which govern your use of the Site. By using the website, you agree to these Terms. If you do not agree, please do not use the Site.Your use of this Site is subject to Osprey’s Privacy Policy, which is incorporated herein by reference. You may read the current version of our Privacy Policy by selecting the “Privacy Policy” link in the footer of our website, www.ospreyautomile.com.
Content
The Site contains original material, including without limitation, software, text, graphics and images, trademarks, service marks and logos (collectively “Content”) which is posted on the Site and protected by intellectual property laws. We give you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Site for the purpose of enabling your use of the Site as permitted by these Terms. Unauthorized use of the Content is strictly prohibited. Except as expressly provided for by these Terms or permitted by prior written consent from us, all rights are reserved and you are not granted any rights under these Terms. If we have given you permission to make any copies of certain portions of the Content, you must retain all copyright and other proprietary notices contained in or on the Content on any copy you make of the Content. If we have not given you permission to make a copy of the Content, then you agree you will not make any such copies. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access or use the Content and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.You may not use the Site to transmit unsolicited email. You may not send unsolicited email to the Site or to anyone whose email address includes the domain name used on the Site, if any. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof their identity when using the Site.
Posted Material
You agree not to post or store on the Site any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material (collectively “Material”); that violates or infringes upon our or any third party’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas);, that violates U.S. law, or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.By posting Material to the Site, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform or publicly display all or any portion of the Material on the Site, subject to our Privacy Policy. You further represent and warrant that you own all rights to such Material or that you have obtained the signed, written permission of the owners of all rights in such Material.We may remove, disable, or restrict access to or the availability of any Material from the Site (including, but not limited to, Material that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate these Terms (whether or not we are in fact correct in our assessment). If you believe that we have acted mistakenly with respect to certain Material, you may contact us, in which case we may investigate the matter further. We may, however, take no further action. Posting or storing Material at the Site is a privilege, not a right. Under no circumstances may we be held liable for removing, disabling or restricting access to or the availability of Material.
Third Party Information
We may provide third party links on the Site as a convenience to you. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, responsibility, or endorsement. If you decide to access any third party links, you do so at your own risk. If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable or delete it.We make all attempts to comply with the Digital Millennium Copyright Act of 1998. You may contact us if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
Terms
These Terms are governed by the internal substantive laws of the State of Massachusetts without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.Except as expressly agreed to in writing by us, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses. These Terms do not create any third party beneficiary rights. Except as otherwise stated in our Privacy Policy, any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, and any other provisions that by their nature should survive, will survive the termination of these Terms.
Should you have any questions or concerns in regard to these Terms of Use, please contact us via email to info@ospreyautomile.com.
