Terms and Conditions/Privacy
Effective November 1, 2009

 

Terms and Conditions

 

This website ("Site") is provided to you by oldee.net ("oldee.net").  Your access to and use of this Site is subject to these Terms and Conditions of Use.  By accessing this Site, you ("Member") agree to be bound by these Terms and Conditions of Use whether or not you have read them.  If you do not agree to these Terms and Conditions of Use, do not access this Site.  Oldee.net may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site.  Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

 

PRICE AND AVAILABILITY

The products and services offered or referred to on this Site are subject to availability of the products and services.  Further, availability for purchase of product types or individual products is subject to change by oldee.net in its sole discretion at any time without notice.  Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase, on the Site or otherwise, at any given time.  The prices stated for such products and services are subject to change without notice.

 

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at oldee.net's sole discretion.

 

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos trademarks, products and services and any other material displayed on, offered through or contained on this Site.

 

CHANGES TO TERMS AND CONDITIONS

Oldee.net may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting.  You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use.  If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

 

LINKS

This Site may contain links to or references to third-party websites.  These links are provided for your convenience only.  No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third-party contained in, referred to, included on, or linked from or to this Site.  Any information, data, opinions, recommendation, products or services provided by such third-parties through links to other websites or otherwise made available through their websites are solely those of such third-parties and not of oldee.net or its affiliates.  Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

YOUR OBLIGATIONS

In providing registration and transactional information to oldee.net, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete.  If oldee.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, oldee.net has the right to suspend or terminate your account and refuse any and all current or future use of the account.

 

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e-mail repeatedly to the same e-mail address)

 

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party

trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

 

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

 

To the extent that any of the following activities materially interfere with this Site or the network and systems of a oldee.net service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

 

UNSOLICITED SUBMISSION POLICY

Oldee.net does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions").  If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.

 

MANAGING YOUR PASSWORD AND YOUR ACCOUNT

You are solely responsible for managing your password and for keeping your password confidential.  No one from oldee.net will be authorized to provide your password.  If you have forgotten your password, go to the Sign In link at the top of the screen, and then click on "Forgot Password." Follow the instructions, and your existing Password will be e-mailed to you.  You are also solely responsible for restricting access to any computer you use to access your oldee.net.com account or your oldee.net membership.  You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

 

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 oldee.net's copyright agent the written information specified below.  Please note that this procedure is exclusively for notifying oldee.net 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; and

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. 

 

Oldee.net's Copyright Administrator for notice of claims of copyright infringement on this Site can be reached as follows:

 

Copyright Administrator

Email address: copyright.administrator@oldee.net

 

INTELLECTUAL PROPERTY

The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of oldee.net or its licensors and are protected by copyright, trademark and other intellectual property laws. 

 

This Section will survive the termination of your right to use this Site.

 

DISCLAIMER OF WARRANTIES

This site, its contents, and any software, products, and services offered or contained herein are provided on an "as is" basis and on an "as available" basis. Oldee.net makes no representations or warranties of any kind with respect to this site, its contents, or such software products and services, and disclaims all such representations and warranties, including, without limitation, for example warranties of merchantability and fitness for a particular purpose, non-infringement of third-party rights, error-free or uninterrupted service, accuracy availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, any software, tools, tips, product or services provided through this site.  In addition, oldee.net does not represent or warrant that the information accessible via this site is accurate, complete or current.  Price and availability information is subject to change without notice.

 

LIMITATION OF LIABILITY

In no event shall oldee.net, its affiliates, oldee.net franchisees and any of their respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third-party claims) or any other damages of any kind, arising out of or in connection with: this site; any materials, information, qualification and recommendations appearing on this site; any software, tools, tips, products, or services offered through, contained in or advertised on this site; any link provided on this site; and your account and password, whether or not oldee.net has been advised of the possibility of such damages.  This exclusion of liability shall apply to the fullest extent permitted by law.  This provision shall survive the termination of your right to use this site.  You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site.

 

INDEMNIFICATION

You agree to indemnify and hold harmless oldee.net and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site.  This provision shall survive the termination of your right to use this Site.

 

DISPUTE RESOLUTION

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third-parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against oldee.net related to any Claim.

 

This provision shall survive the termination of your right to use this Site.

 

TERMINATION

Oldee.net may at any time and at its sole discretion terminate your right to use this Site.

 

GOVERNING LAW

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

 

RELIANCE ON INFORMATION

This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at oldee.net's sole discretion.  Also, changes are periodically made to the information contained herein.

 

 

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