OCTOPIA TERMS OF USE

Octopia.com (Octopia) provides services to you subject to the following terms. You can accept these terms by clicking to accept or agree to Terms where that option appears or by using Octopia services. Please read them carefully. In addition, when you use any current or future Octopia.com service, you also will be subject to the guidelines and conditions applicable to such service or business. You may not use Octopia services if you are not of legal age to enter into a contract with Octopia or if you do not agree to these terms of service.

Provision of Service

Octopia is continually modifying and improving its services. Octopia services may change at any time without prior notification. A result of changing services, you understand and agree that Octopia may stop (permanently or temporarily) providing services (or any specific feature) to you without prior notice to you. Octopia may change storage and bandwidth allowances at any time.

You may stop using Octopia services at any time and terms will continue to apply.

You may change your plan at any time. Octopia is a month-to-month, pay-as-you-go service, so we don't provide refunds. You are billed every 30 days for the service. You can cancel the service at any time and you won't be charged again, but you are responsible for any charges already incurred.

When you upgrade you are instantly upgraded to a higher plan but you don't have to pay the higher price until next month's bill. When you downgrade you are instantly downgraded, but you don't begin paying the lower rate until next month's bill. If the number of pages, images, files or members exceeds the limit of a downgrade plan, you must discard enough content or members to fall below the maximum allowed under the new plan.

You may terminate your legal agreement with Octopia by notifying Octopia and closing your accounts for all of Octopia services you use, wherever this option is available. Notice of termination should otherwise be sent by email to mail--take-me-out--@--take-me-out--octopia.com from the site creator's registered email address.

Octopia may at any time terminate its legal agreement with you, if you breach any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or Octopia is required to do so by law; or the provision of the services, in Octopia's opinion, is no longer commercially viable.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Octopia have benefited from and been subject to shall be unaffected by this cessation, and all provisions shall continue to apply to such rights, obligations and liabilities indefinitely.

Octopia may make changes to the Terms from time to time. When these changes are made, Octopia will make a new copy of the Terms available.

Octopia may provide you with notices by email or postings on Octopia services.

YOUR USE OF OCTOPIA

You agree that any registration information (identification or contact) you provide will be correct and current.

You agree to use Octopia services only for lawful purposes that are within the terms.

You agree not to access (or attempt to access) any of Octopia services by any means other than through the interface that is provided by Octopia. You agree not to access (or attempt to access) any of Octopia services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on Octopia services.

You agree that you will not engage in any activity that interferes with or disrupts Octopia services (or the servers and networks which are connected to it).

You agree not to reproduce, duplicate, copy, sell, trade or resell Octopia services for any purpose.

You agree that you are solely responsible for any breach of your obligations under these terms and for the consequences (including any loss or damage which Octopia may suffer) of any such breach.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Octopia services.

You agree that you will be solely responsible for all activities that occur under your account.

You agree to notify Octopia immediately at http://www.alert.octopia.com, if you become aware of any unauthorized use of your password or of your account.

You agree to the use of your data in accordance with Octopia's privacy policies.

CONTENT ON OCTOPIA

You understand that all content which you may have access to as part of, or through your use of Octopia services are the sole responsibility of the person from which such content originated. Content is defined as any text, image, audio, video or other internet transmittable file.

You understand that content presented to you as part of Octopia services, including but not limited to advertisements and sponsored content within Octopia services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Octopia (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part).

You may post messages and other content, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content.

You understand that Octopia reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from Octopia's service.

You understand that by using Octopia services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use Octopia services at your own risk.

You agree that you are solely responsible for (and that Octopia has no responsibility to you or to any third party for) any content that you create, transmit or display while using Octopia services and for the consequences of your actions (including any loss or damage which Octopia may suffer) by doing so.

ADVERTISEMENTS

Some of Octopia services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Octopia service, queries made through Octopia services or other information.

The manner, mode and extent of advertising by Octopia on those advertising supported services are subject to change without notice.

You agree that Google may place advertising on those services designated as advertising supported, in consideration for Octopia granting you access to and use of those services.

Octopia services may include hyperlinks to other web sites or content or resources. Octopia may have no control over any web sites or resources which are provided by companies or persons other than Octopia.

You agree that Octopia is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You agree that Octopia is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Octopia, to understand our policies and practices.

ELECTRONIC COMMUNICATIONS

When you visit Octopia.com or send e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All Octopia content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Octopia.com and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Octopia and protected by U.S. and international copyright laws. All software used on this site is the property of Octopia and protected by United States patent and copyright laws.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, Octopia services.

By submitting, posting or displaying the content you give Octopia a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through Octopia services. This licence is for the sole purpose of enabling Octopia to display, distribute and promote Octopia services and may be revoked for certain Services as defined in the Additional Terms of those Services.

You agree that this licence includes a right for Octopia to make such content available to other companies, organizations or individuals with whom Octopia has relationships for the provision of services, and to use such content in connection with the provision of those services.

You understand that Octopia, in performing the required technical steps to provide the services, may transmit or distribute your content over various public networks and in various media and make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site’s policies and will not cause injury to any person or entity; and that you will indemnify Octopia.com or its affiliates for all claims resulting from content you supply. Octopia.com has the right but not the obligation to monitor and edit or remove any activity or content. Octopia.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Octopia and its affiliates respect the intellectual property of others. Octopia responds to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. See Notice and Procedure for Making Claims of Copyright Infringement.

You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Octopia services.

TRADEMARKS

Octopia and the Octopia logo and other marks indicated on our site are trademarks of Octopia, Inc. or its affiliates, in the United States and other countries. Other Octopia.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Octopia or its affiliates. Octopia.com’s trademarks and trade dress may not be used in connection with any product or service that is not Octopia.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Octopia.com. All other trademarks not owned by Octopia.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Octopia.com or its affiliates.

LICENSE AND SITE ACCESS

Octopia grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Octopia. This license does not include any resale or commercial use of this site or its contents; any collection and use of any postings; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Octopia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Octopia.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Octopia.com’s name or trademarks without the express written consent of Octopia. Any unauthorized use terminates the permission or license granted by Octopia.com. You may link to any of the content you create on Octopia on your blog or website so long as it doesn’t portray Octopia, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Octopia logo or other proprietary graphic or trademark as part of the link without express written permission.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Your site is provided by Octopia on an “as is” and “as available” basis. Octopia makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, or materials included on this site. You agree that your use of this site is at your sole risk. Octopia reserves the right to withdraw or delete any information from this site at any time in its discretion. To the full extent permissible by applicable law, Octopia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Octopia does not warrant that this site, its servers, or e-mail sent from Octopia.com are free of viruses or other harmful components. Octopia does not warrant that your use of Octopia services will be uninterrupted, timely, secure or free from error, that any information obtained by you as a result of your use of Octopia services will be accurate or reliable, or that defects in the operation or functionality of any software provided to you as part of Octopia services will be corrected.

Octopia will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Octopia will not be liable for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services, your failure to provide Octopia with accurate account information or your failure to keep your password or account details secure and confidential.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting Octopia.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Octopia or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Octopia.com shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate Octopia.com’s intellectual property rights, Octopia.com may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. These policies also govern your visit to Octopia.com. We reserve the right to make changes to our site, policies, and these terms any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

Octopia, Inc., PO BOX 14583 Portland, OR 97293, http://www.octopia.com


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Octopia.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Octopia.com and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.

Octopia.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent, Octopia, Inc., PO BOX 14583 Portland, OR 97293 e-mail: mail--take-me-out--@--take-me-out--octopia.com