Terms & conditions

OtherLevels Inc.

WEBSITE TERMS OF ACCESS

Last Updated: November 26, 2013

OVERVIEW
This Website (the “Website”) is owned and operated by OtherLevels Inc. (“OtherLevels”).
The material on this Website is owned by OtherLevels: © OtherLevels Inc. 2013. All rights reserved.
By continuing to access this Website, you are agreeing to the terms and conditions set out below in full.
This Website is available for you to provide information about your product or service. By using this Website, you consent to OtherLevels’ use of cookies in accordance with the terms of OtherLevels’ Privacy Policy located at www.otherlevels.com.

USE OF MATERIAL ON THIS WEBSITE
You must not use this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website; or in any way which is unlawful, illegal, fraudulent or harmful.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without OtherLevels’ express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for marketing purposes in contradiction to any written agreement you have entered into with OtherLevels or without OtherLevels’ express written consent.

Except for the limited use set out in the next clause, you must not:

  • republish material from this Website in any material form (including republication on another website);
  • redistribute material from this Website in any material form;
  • re-transmit material from this Website by any medium of communication;
  • show any material from this Website in public;
  • sell, rent or sub-license material from this Website;
  • upload and/or repost the material from this Website to any other site on the world wide web (the “WWW”); or
  • “frame” the material on this Website with other material on any other WWW site.

The above listed actions are unlawful in any jurisdiction and are specifically prohibited by this Website
Notwithstanding the above restrictions on use of the material on this Website, you may download material from this Website in accordance with your written agreement(s) with OtherLevels; provided you do not remove any copyright and trademark notices contained on the material.

You may not modify or copy:

  • the layout of this Website; and
  • any computer software and code contained in this Website.

OtherLevels reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on this Website is provided for your use in conjunction with your written agreement(s) with OtherLevels only and may not, without the prior written consent of OtherLevels, be:

  • re-sold and/or re-distributed in any material form;
  • stored in any storage media; and/or
  • re-transmitted in any media.

LINKS TO OTHER WEBSITES
This Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of OtherLevels.
In relation to the other sites on the WWW, which are linked to this Website, OtherLevels:

  • provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by OtherLevels of the linked site; and
  • is not responsible for the material contained on those linked sites.

DISCLAIMERS
OtherLevels is making this Website available for others to publish information without assuming a duty of care to users. OtherLevels is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information or material contained on this Website and/or linked sites on the WWW.
To the full extent permitted by law OtherLevels disclaims any and all warranties, express or implied, regarding:

  • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website and/or of any linked sites; and
  • merchantability or fitness for any particular purpose for any service or product contained or referred to on this Website and/or on any linked sites.

OtherLevels will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website or for any loss of profits or any damages of any kind recognized by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

  • acting, or failing to act, on any information contained on or referred to on this Website and/or any of the linked websites; and
  • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on this Website and/or any linked sites.

This Website is provided “as is”. OtherLevels does not warrant, guarantee or make any representation that:

  • this Website will be constantly available, or available at all;
  • this Website, or the server that makes the site available on the WWW are free of software viruses;
  • the functions contained in any software contained on this Website will operate uninterrupted or are error-free;
  • the information on this Website is complete, true, accurate or non-misleading; or
  • errors and defects in this Website will be corrected.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. OtherLevels is not liable to you for:

  • errors or omissions in this Website, or linked sites on the WWW;
  • delays to, interruptions of or cessation of the services provided in this Website, or linked sites; and
  • defamatory, offensive or illegal conduct of any user of this Website, whether caused through negligence of OtherLevels, its employees or independent contractors, or through any other cause. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website.

LIMITATION OF LIABILITY
To the fullest extent permitted by law, OtherLevels’ liability for any implied warranty or condition is limited, at the choice of OtherLevels, to one or more of the following:
If the breach of an implied warranty or condition relates to services:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods; or
  • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

USE OF INFORMATION GATHERED
OtherLevels and its employees and agents may gather and process the information:

  • that you provide when accessing this Website, such as your name, address, e-mail address and other personal information about you; and
  • regarding the way in which you use this Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of this Website.

TERMINATION OF ACCESS
OtherLevels will use all reasonable commercial efforts to provide you with advance notice if it is required to terminate your access to this Website, however in the event that OtherLevels terminates access to this Website without prior notice to you, OtherLevels will have no liability for any costs, losses or damages of any kind arising therefrom.

CHANGES TO THE TERMS OF ACCESS
OtherLevels reserves the right to change these Terms of Access from time-to-time, without advance notice. Revised terms and conditions will apply to the use of this Website from the Effective Date (set forth at the top of this page) of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

RELEVANT JURISDICTION
If any part of these Terms of Access are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms of Access will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the state and federal courts of the county of San Francisco, California to determine any dispute arising out of these Terms of Access.

TERMS AND CONDITIONS RELATING TO PROVIDING OF INFORMATION ABOUT YOUR PRODUCT OR SERVICE
Uploading information
You represent and warrant in relation to any material and/or information you provide to this Website that:

  • you are authorized to provide the material and/or information;
  • the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or company;
  • the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
  • the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  • the material and/or information does not infringe any laws or regulations of the United States in relation to this Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

LICENSE TO USE INTELLECTUAL PROPERTY
By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) on to this Website, you are granting OtherLevels a perpetual, non-exclusive and payment-free license throughout the world to:

  • reproduce, use and exploit the intellectual property, as part of this Website, to the full extent permitted by intellectual property law in any jurisdiction in which this Website is available to users; and
  • allow OtherLevels to sub-license others the same rights granted to OtherLevels in the above clause.

REMOVAL OF INFORMATION
In relation to any material and/or information included on this Website, OtherLevels may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

LIMIT OF LIABILITY
OtherLevels and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

INDEMNITY
You will at all times indemnify and hold harmless OtherLevels and its respective officers, employees and agents (in this clause, referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Website Terms of Access by you; and publication of or distribution of the material and/or information supplied by you.

ENTIRE AGREEMENT
These Terms of Access, the OtherLevels’ Privacy Policy and any written agreement in effect between you and OtherLevels constitute the entire agreement between you and OtherLevels’ in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.