The following are the terms and conditions of which apply to the entire contents of this website under the domain name www.openofficesite.com.com, to any associated websites owned or operated by us ("Website") and to any correspondence by email between us and you ("you" or "your" or "user").
Please read these terms and conditions carefully before using the Website. Using this Website indicates that you accept these terms and conditions (the "Terms of Service") regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by www.openofficesite.com, LLC ("www.openofficesite.com"). The services and products of the Website are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. RELATIONSHIP
1.1 Unless otherwise agreed in writing, your agreement with www.openofficesite.com will always include, at a minimum, the terms and conditions set out in this document.1.2 www.openofficesite.com may revise and update its Terms of Service at any time without notice by posting such revised or updated Terms of Service on the Website. Any changes to these Terms of Service will become effective at the time such new Terms of Service are posted on the Website. You are responsible for regularly reviewing the Terms of Service for any changes. Certain provisions of the Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.3 Your usage of the Website is your acknowledgement that you accept the Terms of Service as they stand when you use the Services.
2. SERVICES
www.openofficesite.com provides users a variety of online entertainment services ("Services") and free software (including open source software). www.openofficesite.com may cancel any Services at any time and for any reason.3. www.openofficesite.com INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by www.openofficesite.com or its licensors.3.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without www.openofficesite.com's prior written permission.
3.3 Any rights not expressly granted in these terms are reserved.
4. SERVICE ACCESS
4.1 While www.openofficesite.com endeavors to ensure that this Website is normally available 24 hours a day, www.openofficesite.com shall not in any way be liable if for any reason this Website is unavailable at any time or for any period.4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond www.openofficesite.com's control.
5. VISITOR MATERIAL AND CONDUCT
5.1 Other than personally identifiable information, which is covered under the Privacy Policy (http://www.www.openofficesite.com.com/legal/privacy/), any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. www.openofficesite.com shall have no obligations with respect to such material. www.openofficesite.com and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.5.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States or any other country in the world; or
(c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 www.openofficesite.com shall fully co-operate with any law enforcement authorities or court order requesting or directing www.openofficesite.com to disclose the identity or locate anyone posting any material in breach of paragraph 5.2 or paragraph 5.3.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites on this Website including (without limitation) those relating to third party software are provided solely for your convenience. If you use these links, you leave this Website. www.openofficesite.com has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. www.openofficesite.com therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any of our trading names, logos and/or trademarks;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that www.openofficesite.com is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with www.openofficesite.com nor present any other false information about www.openofficesite.com;
(e) you do not otherwise use any trademarks displayed on this Website without express written permission from www.openofficesite.com;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 www.openofficesite.com expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify www.openofficesite.com for any loss or damage suffered by www.openofficesite.com or any of its related companies for breach of paragraph 6.2.
7. ACCESS TO THIRD PARTY FILES
www.openofficesite.com cannot accept any responsibility and hereby excludes any and all liability relating to or resulting from your use of this Website and/or any software on or through this Website for the purposes of accessing or in any way dealing with third party files data and/or material including (without limitation) such files data and/or material stored in or on the hard drive of other users of this Website and/or any software on this Website which may be proprietary in nature and where its use without the proper permission of the right holder may be illegal.
8. CHILDREN AND MINORS
Children under 18 years of age must have permission from their parents or legal guardians to use the Website and/or the software. Parents and legal guardians are put on notice that www.openofficesite.com has no control whatsoever over the information shared between Users which may include material inappropriate for children ("Content"). Whilst www.openofficesite.com requests all Users to use the Software and/or the Website responsibly, www.openofficesite.com is unable to and will not pre-screen/monitor the use of the Website and/or Software. It is the responsibility of parents and guardians of minors to determine the appropriateness or otherwise of the relevant Content to the child.
9. CONTENT
You acknowledge and agree that www.openofficesite.com has no control whatsoever over the Content and that it is entirely your responsibility to ensure that your accessing, copying, use and/or dealing in any other way with the Content is legal under any applicable law. You will satisfy yourself of the risks involved and are aware that the Content may contain technically harmful data and/or programs including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) and may, amongst other things, cause harm to your computer, your network and/or any programs on each.
10. REGISTRATION
10.1 When/if registration is required, each registration is for a single user only. www.openofficesite.com does not permit you to share your user name and password with any other person nor with multiple users on a network.
10.2 Responsibility for the security of any passwords issued rests with you.
10.3 The information you provide MUST be accurate, current, and complete.
10.4 You have in no way a right to register. Registration is provided to you at the sole discretion of www.openofficesite.com.
10.5 www.openofficesite.com reserves the right to terminate member accounts at any time and for any reason.
11. DISCLAIMER
11.1 While www.openofficesite.com endeavors to ensure that the information on this Website is correct, www.openofficesite.com does not warrant the accuracy and completeness of the material on this Website. www.openofficesite.com may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and www.openofficesite.com makes no commitment to update such material.
11.2 You acknowledge and agree that any material obtained through the use of or is in any way facilitated by the use of the Website is at your own risk and you alone shall be responsible for any loss or damage whatsoever that you may suffer from such material.
11.3 www.openofficesite.com makes no warranty and/or representation that your access to the Website will be uninterrupted, timely, secure or error-free.
12. COPYRIGHT AND TRADEMARK PROTECTION
12.1 Copyright Protection. All works and content included, contained or offered on the Website or by www.openofficesite.com, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of www.openofficesite.com or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on the Website. We will report and prosecute offenders of our copyrights to the fullest extent possible.
12.2 Trademark Protection. All logos and other trademarks and service marks which you may find on the Site or through www.openofficesite.com may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from www.openofficesite.com. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL www.openofficesite.com AND/OR THE WEBSITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, TRANSACTIONS OR SERVICES PROVIDED OR OFFERED ON THE WEBSITE, OR ANY RELIANCE ON MATERIALS OR ANY INFORMATION, ADVICE, BLOG CONTENT, DATA, OR PROGRAMS DOWNLOADED FROM OR OTHERWISE ACCESSED ON THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR
(b) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THE WEBSITE.
14. INDEMNITY
You agree to defend, indemnify, and hold harmless www.openofficesite.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorneys' and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms of Service, including, without limitation, any breach by you of these Terms of Service. www.openofficesite.com will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. www.openofficesite.com may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
15. LINKS AND THIRD-PARTY ADVERTISING
The Website contains or may contain links to other websites, including third-party advertising and www.openofficesite.com provides link placement services for its customers. www.openofficesite.com is not responsible or liable for such other websites or for their Terms of Service. www.openofficesite.com does not screen or endorse such other websites. This Website and www.openofficesite.com expressly disclaim any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this Website. Please read the terms of service of each and every such other website carefully to find out how these other websites offer and condition their goods and services. If you decide to access any such other websites, you do so entirely at your own risk.
16. THIRD-PARTY FEES
You acknowledge that access to this Website may involve third party fees, such as internet service provider or airtime charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Website.
17. FORCE MAJEURE
www.openofficesite.com is not and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond www.openofficesite.com's reasonable control, including but not limited to: (1) acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; (2) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (3) fiber cuts; (4) strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; (5) failure of the telecommunications or information services infrastructure; and (6) hacking, SPAM, or any failure of a computer, server or software.
18. NO AGENCY RELATIONSHIP
Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between the author and www.openofficesite.com. The rights and obligations of the parties shall be limited to those expressly set forth herein.
19. USERNAMES AND PASSWORDS
Any usernames and passwords issued to you by www.openofficesite.com shall remain the sole and exclusive property of www.openofficesite.com and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential and not share them with any third party. You are responsible for safeguarding the confidentiality of your membership password(s) and username(s), and are liable for use or misuse of your membership resulting from any third party accessing your account with your password or username. You agree to immediately notify www.openofficesite.com of any unauthorized use of your account or any other breach of security known to you.
20. NOTICE
Any notice required to be given under these Terms of Service may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on the Website, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Notices by you to us shall be given by e-mail to the email located under the "Contact" link on the Website or other electronic messages unless otherwise specified in these Terms of Service. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, e-mail server, or overnight delivery service.
21. RIGHTS TO INJUNCTIVE RELIEF
www.openofficesite.com and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach of these Terms of Service, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
22. NO ASSIGNMENT
Neither these Terms of Service nor any rights granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
23. SEVERABILITY
If any provision of these Terms of Service shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Service will continue in full force and effect.
24. NO WAIVER
Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
25. HEADINGS
Section and subsection headings of these Terms of Service are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
26. ENTIRE AGREEMENT
These Terms of Service contain the entire understanding and agreement between www.openofficesite.com and you, supersedes all prior written or oral understandings or agreements, and may not be altered, modified, or waived except in a signed writing. You acknowledge, represent and warrant that you have read these Terms of Service and agree to be bound by them as part of and in consideration of receiving the Services.
27. ATTORNEYS' FEES
In any litigation, arbitration, or other proceeding which relates to this Terms of Service, or by which either you or www.openofficesite.com seeks to enforce its rights under this Terms of Service (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Terms of Service, the prevailing party shall be awarded its reasonable attorneys fees, costs and expenses incurred.
28. CHOICE OF FORUM AND GOVERNING LAW
Any disputes arising from these Terms of Service or related to these Terms of Service will be litigated or arbitrated in Tampa, Florida, USA. This Agreement shall be governed in accordance with the laws of the State of Florida.
