Terms and Conditions
Terms and Conditions- Effective October 5, 2016
Acceptance of Terms
BY ACCESSING AND USING THE SERVICES, YOU EXPLICITLY AND EXPRESSLY AGREE THAT YOU HAVE READ UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.
We reserve the right to modify the Agreement at any time, in our sole discretion. When the Agreement has changed, the date will change at the top of the page. Please review the Agreement periodically to keep updated about new practices and the new terms that govern your use of the Services. You must be 13 years or older to use our Services. By accessing the Services, you warrant and represent that you are older than 13 years.
Our Content and Intellectual Property Rights
All material published or displayed through the Services (including, but not limited to text, articles, interviews, editorials, reviews, photos, video clips, audio clips, images, artwork, logos, graphics, trademarks, User Content, other materials, including the selection, arrangement and design of same, referred to herein as the “Content”) are owned or controlled by Oh My Gelli owner, our affiliates, licensors or third parties, and are protected by U.S. copyright law, U.S. trademark law, U.S. patent law, international treaty provisions and other intellectual property laws. “Oh My Gelli,” “logos” are the federal trademarks of the website. You agree not to display or use the Oh My Gelli marks in any manner without prior written consent.
Oh My Gelli exclusively owns or uses by permission all software and technology used in connection with the Services. All software and technology is protected by U.S. copyright law, U.S. trademark law, U.S. patent law, international treaty provisions and other intellectual property laws.
Except as expressly provided herein, Oh My Gelli and its licensors do not grant any express or implied license to the Content or Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services or the Content.
You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our Services.
Personal, Non-Commercial Use
All materials published on our sites or through the Services are intended solely for your personal, non-commercial use and may only be used in accordance with the terms of the Agreement. You may use the Content and Services for your own personal, non-commercial use only. You may not copy, store, distribute, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit, any of the Content or the Services in whole or in part. You may not remove any copyright, trademark or other notices in the Content. You may not copy or store any of the Content or the Services for any other reason without prior written permission from Oh My Gelli.
Your Representations and Warranties
By using the Services, you warrant, represent and agree that you are 13 years of age or older and that you possess the legal right and ability to enter into this Agreement and to use the Services under the terms and conditions of this Agreement.
You further represent, warrant and agree that when you access or use the Services or post or submit User Content you will not: violate any law, statue, rule or regulation; infringe, plagiarize or violate the intellectual property rights of any person or entity; violate the right of privacy or publicity of any person or entity; act in a manner that is or post information that is fraudulent, unlawful, tortious, harmful, threatening, harassing, abusive, defamatory, obscene, or libelous, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; transmit or deliver any malware, virus, worm, Trojan horse, or other harmful code or content; engage in commercial activities or sales without our prior, written, express permission from Oh My Gelli; use any manual or automated software or device, robot, spider or other process or means to access or crawl any portion or pages of the Services and/or Content; reverse engineer, decompile or otherwise attempt to obtain the source code of the Services; send spam or collect data for marketing or other purposes through the Services; use any type of manual or automated process which interferes with the operation of the Services in any way or which or places an unreasonable load on the technology underlying the Services.
We may terminate your right of access to the Services for any reason, in our sole discretion. If you engage in any of the actions prohibited by this Agreement we may terminate your right of access to use the Services. We may take whatever legal action that we deem appropriate, in our sole discretion, including making referrals to law enforcement for illegal and/or unauthorized use of the Services.
Submissions and User Generated Content
You maintain the ownership of creative works, opinions, videos, photos, images, comments, messages, material and/or information (collectively the “User Content”) that you may voluntarily submit for display and/or publication in connection with the Services. You grant us a perpetual, nonexclusive, irrevocable, worldwide, royalty-free, sub-licensable license to any User Content submitted by you to the Sites or to the Services, which includes, without limitation, the right for us or any third party we designate, to use, copy, modify, translate, edit, reproduce, transmit, excerpt, publish, distribute, publicly display or publicly perform, create derivative works from, host, archive, index, cache, tag, embed and adapt (including, without limitation, the right to adapt the User Content for streaming, downloading, broadcasting, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. We own all rights, title, and interest in any compilation, collective work or other derivative work created by us using or incorporating User Content.
You understand and agree that if you do not want to license your User Content, you should not submit it. You further agree that we are neither liable nor responsible for the dissemination or going viral of your User Content. You understand and agree that we do not pay or owe any compensation of any kind for the use of your User Content, and that we are not required to terminate any license to User Content that you have extended in error.
You understand and agree that you alone are responsible for the User Content you submit in any matter to us in connection with the Services. You represent and warrant that you own all the rights to any User Content you submit and that the User Content violates no laws, rules or regulations. You understand and acknowledge that we may screen User Content and have the right, but not the obligation, to remove, edit, block or refuse to publish any such User Content for any reason, in our sole discretion.
You may link to our sites so long as the link does not state or falsely imply that we sponsor, endorse, or are otherwise affiliated with your site. You further agree to remove the link if requested. You may not use frames, inline links or any other method to incorporate any of our Content or the User Content into your website.
Your Other Obligations
You must provide and are solely responsible for all hardware and/or software necessary to access the Services. You assume the entire cost of and responsibility for any damage to as well as all necessary maintenance and repair of such hardware and/or software. You agree to take all necessary and reasonable precautions to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
We control, operate and administer the Services from facilities in the United States of America. We make no representation that the Services, the Content, or the User Content is appropriate or available for use outside the U.S. You may not use the Services if doing so is prohibited in your jurisdiction under your country’s laws. You acknowledge and agree that you are allowed to use our Services under the laws of your jurisdiction. Users who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws. The Services and the Content may not be used or exported in violation of United States export laws, rules and regulations. If you access the Services from outside the United States, you are responsible for compliance with all laws governing such access.
Disclaimer of Warranties
THE SERVICES, SITES, CONTENT, USER CONTENT AND ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES OR ITS ADVERTISERES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES OR THE UNDERLYING TECHNOLOGY OR SOFTWARE THAT MAKE IT AVAILABLE WILL BE RELIABLE, ERROR-FREE, ACCURATE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES AND MALWARE.
Indemnification and Release of Claims
You agree to indemnify and hold Oh My Gelli, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You hereby release Oh My Gelli and its officers, shareholders, employees, affiliates and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such claim or demand.
Limitation of Liability
NEITHER OH MY GELLI, ITS WRITERS, AFFILIATES, SPONSORS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, COST OF REPLACEMENT OF GOODS OR SERVICES, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA OR INTERRUPTION OR LOSS OF USE OF SERVICE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, RELATED SERVICES, CONTENT, USER CONTENT, OR ANY THIRD-PARTY FEATURES, RELATED CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR DISCLOSURE OF YOUR PERSONAL INFORMATION, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT OF ANY USER. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
The Services may contain links to websites that are owned and/or maintained by third parties, which are not owned or controlled by Oh My Gelli. A link from our Services to another site does not imply any endorsement or sponsorship of that site or its products or services. We have no liability or responsibility for any interaction you have with any third party site. We assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. You hereby represent and warrant that you expressly relieve and hold harmless Oh My Gelli from any and all liability arising from your use of any third party website.
Your interactions with the owner of any linked website or any Advertiser is AT YOUR OWN RISK. We are not a party to any transaction between you and an Advertiser or other third party. We are not responsible for any damages you may incur arising out of your purchase, use, dealings, reliance on or interactions with any third party.
The Services may now or in the future allow you to place classified, job or other forms of advertisements on the sites (“Classified Ad”). We reserve the right to edit, re-classify, revise, reject, or cancel any Classified Ad at any time, in our sole discretion. We do not accept any liability for any errors or omissions by the advertiser or seller in the description of goods used in the Classified Ad. Publication does not constitute an endorsement or sponsorship of the advertiser or seller.
You acknowledge and agree that any use of a Classified Ad is AT YOUR OWN RISK. Oh My Gelli is not liable for any transaction between you and any advertiser or seller or products or services through a classified ad.
We do not knowingly accept any Classified Ad that discriminates or intends to discriminate based on race, color, religion, gender, national origin, handicap, or familial status.
Our content is independent and unbiased. If a sponsor has paid for an ad, you’ll see a banner ad or the ad will be clearly marked with the word “advertisement” or “sponsored content.” Sometimes we may receive free products that we may review or discuss on our sites. Our sites may sometimes show ads from those companies or from related entities for which we may be compensated. Links to retailers such as Amazon.com and Ebay.com may be affiliate links, from which we may receive a commission for sales.
Modification and Termination
We reserve the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. We may terminate or suspend your access to the Services (and/or any feature thereof) at any time, for any reason, and without warning, which may result in the loss or destruction of any User Content you may own. We are not liable for the loss of any User Content. It is your responsibility to maintain copies of your own User Content. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require the application of the laws of another jurisdiction. You consent to exclusive personal jurisdiction and venue of the state and federal courts of Hidalgo County, Texas, for any actions under or relating to this Agreement.
Survival, Severability, No Waiver
If any provision of the Agreement is found to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement shall be given full force and effect. All provisions of this Agreement shall survive the completion of the performance, cancellation or termination of this Agreement. Oh My Gelli’s failure to exercise any provision of the Agreement or any related rights shall not constitute a waiver of that right or provision.
Procedure for Reporting Copyright Infringement:
If you believe your copyrighted material has been infringed upon, please follow the procedures contained in the Digital Millennium Copyright Act (“DMCA”) to report the alleged infringement. Send a notice of copyright infringement to us which contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we can quickly find and verify the existence of the material;
Contact information about the complainer including address, telephone number and email address;
A statement that the complainer has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the complaining party is authorized to make the complaint on behalf of the copyright owner.
Send the notice of claimed infringement to:
Gelli De Asis
Attn: Oh My Gelli Copyright
900 E Vermont 18201
McAllen, Texas 78503
Copyright©2016 by Oh My Gelli. All Rights Reserved.