Terms of Service - Open Web Directory

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Acceptance of Terms

Open Web Directory (OWDIR) provides its service to you, subject to the following Terms of Service, which may be updated from time to time without notice. You are encouraged to check back frequently, as our Terms of Service may change.

Description of Service

OWDIR currently provides users with access to a collection of resources, including, a directory of the internet’s websites and articles (the "Service"). You understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the Service may include certain communications from OWDIR, such as service announcements, administrative messages and the OWDIR newsletter, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new OWDIR features and services, shall be subject to the Terms of Service. Please be aware that OWDIR has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

Privacy Policy

Please read our privacy policy.

Indemnity

You agree to indemnify and hold OWDIR, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

General Practices Regarding Use

You acknowledge that OWDIR may establish general practices and limits concerning use of the Service. You agree that OWDIR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that OWDIR reserves the right to deactivate accounts that violate our TOS, or violate our Submission Policies. You further acknowledge that OWDIR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

OWDIR reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OWDIR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that OWDIR, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Site within the Service, for any reason, including, without limitation, if OWDIR believes that you have violated the TOS. OWDIR may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that OWDIR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OWDIR shall not be liable to you or any third-party for any termination of your access to the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. OWDIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OWDIR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWDIR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWDIR SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to you on the Service.

Trademark Information

OWDIR trademarks and service marks, and other OWDIR logos and product and service names (“OWDIR Marks”) are trademarks of OWDIR. Without OWDIR’s prior permission, you agree not to display or use in any manner, the OWDIR Marks.

Copyrights

OWDIR respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide OWDIR the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the infringed copyrighted work;
a description of where the infringing material is located on the site;
your address, email address, and telephone number;
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.

General Information

The Terms of Service constitute the entire agreement between you and OWDIR, superceding any other agreements between you and OWDIR. The TOS and the relationship between you and OWDIR shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and OWDIR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York. The failure of OWDIR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.