Terms of Use

The following terms of use (the “Terms of Use”) govern your use of this website and any content made available from or through this website, located at Olivia.com. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms of Use, you may not access or otherwise use the website.

1. Proprietary Rights. As between you and The Olivia Companies, LLC (“Olivia,” “us,” or “we”), we own, solely and exclusively, all rights, title, and interest in and to the website, all the content, other than that which you submit to us pursuant to Section 6 below (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data, and materials thereon the look and feel, design and organization of the website, and the compilation of the content, code, data, and materials on the website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the website does not grant to you ownership of any content, code, data, or materials you may access on or through the website.

2. Limited License. You may access and view the content on the website on your computer or other device, and you may make single copies or prints of the content on the website for your personal, noncommercial, and internal use only. Use of the website and the services offered on or through the website are only for your personal, noncommercial use.

3. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the website, or of any content, code, data, or materials on the website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Olivia or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the website. (This includes, without limitation, the alteration or removal of any Trademarks [as defined in Section 4 below] or any other proprietary content or proprietary rights notices.) If you make other use of the website, or of the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).

4. Trademarks. The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the website or on content available through the website are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the website or on or through the website’s services, if any, are the property of their respective owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without our written permission or that of the third-party rights holder.

5. User Information. In the course of your use of the website and/or the services made available on or through the website, you may be asked to provide certain personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the website’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information.

6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information from you through the website, by email, or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, review/ratings boards and/or our blogs, or send to us via email) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the website’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Material that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog[s] created or posted by users), and we may delete or destroy any such Submitted Material at any time.

If you submit a photograph, you also agree to the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iii) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.

Olivia may, from time to time, make messaging services, chat services, bulletin boards, message boards, photo galleries, blogs, user review and ratings forums, other forums, and other such services and features available on or through the website to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms of Use, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the website or any service or feature made available on or through the website, any materials which:

• restrict or inhibit any other user from using and enjoying the website or the website’s services;
• are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual orientation, or expression or disability;
• constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
• violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right;
• contain a virus, spyware, or other harmful component;
• contain embedded links, advertising, chain letters, or pyramid schemes of any kind;;
• constitute or contain false or misleading indications of origin, endorsement, or statements of fact; or
• contain sensitive, proprietary, or confidential information about yourself or others.

Except as may be expressly permitted in connection with one of the website’s services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. Olivia will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities.

7. Prohibited User Conduct. You warrant and agree that, while using the website and the various services and features offered on or through the website (including, for example and without limitation, blogs, podcasts, RSS feeds, photo galleries, chat rooms, and other public or open forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Olivia or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the website’s content, materials, or services (for example, without limitation, in an RSS feed or a podcast received from Olivia or otherwise through the website), or use, redistribute, reuse, republish, repurpose, or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website. You also shall not:

• engage in in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from Olivia, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website;
• obtainor attempt to obtain unauthorized access to computer systems, materials, or information through any means;
• use the website or the website’s services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• remove, conceal, edit, or otherwise alter any trademark, copyright, or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the website (for example, without limitation, in any podcast, photograph, or text);
• use the website or the website’s services or features in violation of Olivia’s or any third party’s intellectual property or other proprietary or legal rights;
• the website or the website’s services in violation of any applicable law;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof;
• use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website or any of its services; or
• obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the website.

If Olivia has banned you from the website or any of the services on or available through the website, for any reason, in its sole discretion, you may not return to the website for any reason or in any manner. In the event that you do return, or attempt to return, to the website or a particular service after you have been banned, you will be deemed to have breached these Terms of Use, and Olivia reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.

8. Right to Monitor and Editorial Control. Olivia reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the website or through the website’s services or features by users, and Olivia is not responsible for any such materials posted by users. However, Olivia reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that in Olivia’s sole discretion are objectionable or in violation of these Terms of Use, Olivia’s policies, or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of Use, or applicable law, or for any other reason without notice or liability.

9. Transactions or Relationships Formed Between Users on the Website. Some materials or information accessible in certain areas of the website may be provided by other users and not by Olivia, including, for example and without limitation, advertisements for third-party or user-provided products or services, and submissions to blogs, photo galleries, message boards, chat rooms, review and ratings forums, and other public forums available on or through the website). From time to time, there may be opportunities on or through the website for you to purchase certain products and/or services directly from such third parties (including other users) who have advertised or listed such products or services on the website. Olivia assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of any such user-provided information, content, products, services, advertising, or other materials. The inclusion of any such user-provided content on the website does not imply endorsement or sponsorship by Olivia. You are solely responsible for any and all consequences of any such activities, transactions, and relationships that you may conduct or form with other users of the website. Any purchases that you make from such third parties or users who have advertised/listed on or through the website are made at your own risk. You acknowledge and agree that Olivia has no responsibility or liability for such purchases and/or transactions.

10. Linking to the Website. You agree that if you include a link from any other website to the website, such link shall link to the full version of an HTML formatted page of this website. You are not permitted to link directly to any image hosted on the website or our services, such as using an “inline” linking method to cause the image hosted by us to be displayed on another website. You agree to not link from any other website to this website in any manner such that the website, or any page of the website, is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the website be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the website from any other website at any time upon written notice to you.

11. Indemnification. You agree to defend, indemnify, and hold Olivia and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising in any way from your use of the website, your placement or transmission of any message, content, information, software, or other materials on or through the website, or your breach or violation of the law or of these Terms of Use. Olivia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Olivia’s defense of such claim.

12. Third Party Websites. You may be able to link from the website to third-party websites and third-party websites may link to the website (“Linked Sites”). You acknowledge and agree that Olivia has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. Also, Olivia is not responsible for any form of transmission received from any linked website.

13. Copyright Agent.

We respect the intellectual property rights of others, and we require that the people who use the website, or the services or features made available thereon, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 are authorized to act on the copyright owner's behalf.

15. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OLIVIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, OLIVIA AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH OLIVIA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY OLIVIA “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND OLIVIA OR ITS LICENSOR OR SUPPLIER.

Under no circumstances does your use of THE WEBSITE form any relationship, whether implied or express, with Olivia. Olivia hereby disclaims any such relationship and any liability arising as a result of its use of any content, including, WITHOUT LIMITATION, messages, comments, or contributions, contained on THE WEBSITE.

16. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OLIVIA, ANY MEMBER OF THE OLIVIA COMPANY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO OLIVIA FOR YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

17. Applicable Laws. We control and operate the website from our offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

18. Termination. . Olivia may terminate, change, suspend, or discontinue any aspect of the website or the website’s services (including, without limitation, content, features, or hours of availability), at any time and for any reason. Olivia may restrict, suspend, or terminate your access to the website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the website, you may not thereafter use the website under a new username or identity. Olivia maintains a policy to terminate the website use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Olivia).

19. Changes to Terms of Use. Olivia reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms of Use are posted will be considered acceptance of those changes.

20. Miscellaneous. The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of California, United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.