Terms of Service

 

OUTRO Terms of Service

These Terms of Service were last updated on June 13, 2018.

 

This policy describes the terms and conditions governing your use of the Outro mobile properties and website (“Site”).  

In these Terms of Service, you will find information about the following topics:

1. USE OF THE SITE AND ACCEPTANCE OF THE TERMS 

2. OWNERSHIP AND USE OF SITE

3. Posting and User Generated Content Terms and Conditions

4. DMCA/COPYRIGHT INFRINGEMENT POLICY

5. PRIVACY AND DISCLOSURE POLICY

6. SOFTWARE AVAILABLE ON THIS SITE

7. REPRESENTATIONS AND WARRANTIES

8. DISCLAIMERS

9. REGISTRATION AND SECURITY

10. TERMINATION

11. MISCELLANEOUS

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GENERAL DISCLAIMER.

OUTSMART LLC, D/B/A OUTRO, TOGETHER WITH ITS AFFILIATES AND SUBSIDIARIES (“OUTRO”) PROVIDES THE SITE IN ITS ENTIRETY, INCLUDING ITS CONTENT, SERVICES (“SERVICES”) AND DATA CONTAINED THEREIN, ONLY FOR INFORMATIONAL PURPOSES.  THE INFORMATION SHOULD NOT BE USED OR UNDERSTOOD TO BE A CERTIFICATION OF ANY ESTABLISHMENT BY OUTRO.  Any reliance on such information is at your sole risk, AND OUTRO IS NOT LIABLE FOR ANY EXPERIENCE YOU MAY HAVE AT A BUSINESS LISTED ON THE SITE.

Any and all opinions found on this Site are simply opinions of the users and not certified facts.  Opinions on the Site are or have been stated based on specific facts or beliefs, under certain conditions, and subject to certain assumptions, and may not and should not be used nor relied upon for any other purpose, including, but not limited to, use in or in connection with any legal proceeding.

The content or information may be changed at any time and without notice and carries no guarantee to be complete, correct, timely, current or up-to-date. Some or all of the information may become out-of-date. Outro accepts no obligation and has no intention to update any information on the Site.  

 

 

 

1. USE OF THE SITE AND ACCEPTANCE OF THE TERMS 

1.1 Agreement to the Terms of Service.  This is a binding contract between you and Outro (sometimes also referred to as “us,” or “we”).  By using the Site, you agree to abide by all of the terms and conditions set forth in these Terms of Service.

1.2 Age Requirement.  You must be at least 18 years of age to register and use the Site.

1.3 Your Representation Regarding Truthfulness. As a material condition of using the Site, you represent and warrant that you have provided and will provide accurate and complete information in all communications with Outro.

1.4 Changes to the Terms of Service. We may change, add, or remove portions of these Terms of Service at any time.  Any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us or by placing a notice on our Site. Be sure to return to this page periodically to review the most current version of the Terms of Service, as it will be binding on you. Your continued access to or use of the Site after the effective date of modifications to the Terms of Service indicates your acceptance of the modifications.  

1.5 Terminating Service.  If any of the Terms of Service, or any future changes to these terms, are unacceptable to you, please stop using the Site and, if applicable, cancel your membership by sending an email to hello@goingoutro.com.  

1.6 Changes to the Site.  We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.  

1.7 Third Party Sites.  The Site contains links to third party websites, resources, and advertisers. We are not responsible for the availability of these outside resources, or their contents.  You should direct any concerns regarding any external link to the site administrator or webmaster of that site.

1.8 Use Violations.  We may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms of Service, and we may do so without advance notice. 

1.9 Other User Violations.  Outro is not obligated to enforce these Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and/or take appropriate action at our sole discretion.

2. OWNERSHIP AND USE OF SITE

2.1 Content on Site. All content published on the Site (“Content,” which may include articles, photographs, images, illustrations, audio clips and video clips,) is protected by copyright, and is owned by Outro or the party credited as the provider of the Content. You must abide by all copyright notices, information, or restrictions contained in any Content accessed on the Site.

2.2 Restrictions on Content Use.  The Site and Content are protected by copyright pursuant to U.S. and international copyright laws and are the property of Outro, unless otherwise identified.  Because the Site and Content are proprietary, unauthorized use of these materials may violate the law. Specifically, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site (including software), in whole or in part.

2.3 Commercial Use of Content Prohibited. You may download or copy the Content and other downloadable items displayed on the Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing any Content for other than personal use is expressly prohibited without our prior written permission or the copyright holder identified in the copyright notice contained in the Content. Specifically, unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. 

2.5 Unauthorized Use of the Site. You may use the Site only for the purposes expressly set forth on the Site and in these Terms of Service. Any other use of the Site is prohibited. Specifically, you must not: 

  1. access or use the Site for any unlawful purpose; 
  2. access or use the Site in any manner that could detrimentally affect any Outro app, computer system, server, or network; 
  3. access or use the Site  in any manner that interferes with any other person's access or use of the Site;
  4. attempt to gain unauthorized access on the Site or any Outro computer system, server, or network or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  6. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  7. deep-link to any portion of this Site for any purpose without our express written permission; or
  8. “frame," "mirror" or otherwise incorporate any part of this Site into any other Site without our prior written authorization.

3.  Posting and User Generated Content Terms and Conditions

3.1 Age Requirement.  You must be at least 18 years of age to contribute Content to this Site.

3.2 Application of Terms.  The following terms and conditions apply when you view access, post, contribute to, upload, data input or otherwise engage in any form of communication with this Site, any Site blog, bulletin board, chat room, public posting option, other public areas of the Site or within the Site (collectively “Public Forums”).  These additional terms and conditions supplement all other terms and conditions contained herein, which remain in full force and effect and binding upon you.

3.3 Public Conversation.  Please note that once you post a comment on the Site or Public Forums it will become part of the public conversation.  You acknowledge that you have no expectation of privacy with regard to any submission to the Site or a Public Forum.  It is advisable that you do not post comments that you will later regret since we will not remove your comments simply because you have a change of heart about making them.  You agree that no content submitted by you will include a photograph of another person that you have posted without that person’s consent.

3.4 Civil Behavior.  We expect that you will exercise caution, common sense, and proper judgment when using the Site or Public Forums.  If you disagree with any material you find on the Site or Public Forums, we recommend that you respond by noting your disagreement in civil terms in an appropriate forum or comment posting.  We also invite you to bring to our attention any material you believe to be factually inappropriate or in violation of these Terms of Service by contacting us at: hello@goingoutro.com. If at any time you become dissatisfied with the content of Outro, please immediately discontinue your use.

3.5 Use is For Informational Purposes Only.  Any Public Forums are provided for informational purposes only.  You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

3.6 Non-Endorsement.  The Content on the Site, including user submissions (including any that may have been created by users employed or contracted by Outro) do not necessarily reflect the opinion of Outro. Outro takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded by you or any third party, or for any loss or damage thereto, nor is Outro liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or anything that results from your reliance on any of the Content (including any experiences you have at any businesses listed on the Site). As a provider of interactive services, Outro is not liable for any statements, representations or Content provided by its users on the Site, including but not limited to those regarding safety and security.

3.7 Disclaimer.  Outro assumes no responsibility for any or all Content from the Public Forums.  Outro is not responsible for the content of user comments or any other third-party content.  You understand that Outro has no obligation to monitor or control third-party content (including, without limitation, comments, postings, or any viruses or disabling features). TO THE FULLEST EXTENT POSSIBLE, OUTRO DISCLAIMS ALL RESPONSIBILITY FOR THIRD-PARTY CONTENT, WHICH MAY, BY ITS VERY NATURE, CARRY OFFENSIVE, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE MATERIAL. 

3.8 Responsibility for Posting.  You understand that all postings, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through, or linked from the Site or any of the Public Forums, are the sole responsibility of the person from whom such content originated.  More specifically, you understand that you are entirely responsible for your own submissions and the consequences of posting or publishing them.  Here are some basic rules:

 

 

  1. Be respectful. Don’t threaten or verbally abuse other users; use obscene, profane, or defamatory language; post sexual innuendo, or deliberately disrupt discussions with repetitive messages, meaningless messages, or spam.
  2. Do not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc. Hate speech of any kind is grounds for immediate suspension of your commenting privileges.
  3. Don’t attack. Personal attacks are a direct violation of these Terms of Service and are grounds for immediate suspension of your commenting privileges.

3.9 Truthful Identification.  You agree that you will not pose as another person or allow any other person or entity to use your identification for posting or viewing comments.  You will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or engage in conduct that exposes Outro or its visitors to liability or detriment of any kind.

3.10 Posting Prohibitions.  You further agree that you will not submit material to the Site or Public Forums that is:

  1. offensive, indecent, inaccurate, or misleading;
  2. a personal attack;
  3. otherwise objectionable, in ways that may include but are not limited to being libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;  
  4. discriminatory on the basis of race, religion, nationality, gender, sexual orientation, age, religion, or disability;
  5. a criminal offense or gives rise to civil liability or other violates any local, state, national or international law or ordinance;
  6. a violation of copyright, trademark or other intellectual property rights of any other persons;
  7. for the purpose of spamming;
  8. a virus, or contains a virus or other harmful component;
  9. are libelous, or an invasion of privacy or publicity rights or any other third party rights;
  10. improperly assume or claim the identity, characteristics or qualifications of another person;
  11. is for commercial purposes or containing advertising or intended to solicit donations.
  12. is confidential or sensitive or otherwise in breach of the law, such as private information of any third party, including, without limitation, names addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or
  13. in the sole judgment of Outro, (i) is objectionable, (ii) restricts or inhibits any other person from using or enjoying the Public Forums or this Site, or (iii) may expose Outro or its affiliates or its users to any harm or liability of any type.

3.11 Ownership of Posts.  In connection with each of your submissions, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and post or publish this submission on the Site.  You further affirm that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including private and publicity rights, unless you are the owner of such rights or you possess permission from their rightful owner to post the material, and you further agree not to conduct any activity that infringes on the copyright trademark, service mark or patent of any person or entity.

3.12 License to Posts.  You grant Outro a perpetual, nonexclusive, world-wide, royalty free, irrevocable, sub-licensable license to the content you submit (or which is submitted by a third party on your behalf), which includes without limitation the right for us and any third party we designate to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) such content in any form or media now known or hereinafter developed.  You also grant each user of the Site a non-exclusive license to use the content as permitted through the functionality of the Site or Public Forum.  We may edit, remove, modify, publish, transmit, and display all, or any portion of, content we receive.  You waive any rights to review or approve our use of content that you submit.

3.13 Moral Rights.  If it is determined that you retain moral rights (including rights of attribution or integrity) in the your submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the submissions, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the submissions by Outro or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the submissions; and (d) you forever release Outro, and its licensees, successors and assigns, from any claims that you could otherwise assert against Outro by virtue of any such moral rights.

3.14 Lawful Use.  You agree not to interrupt, or attempt to interrupt, the operation of the Site or Public Forums in any way. Unauthorized use or modification of any information stored on the Site or Public Forums may result in criminal and/or civil prosecution under federal, state and local law. You may not use the Site or Public Forums for anything other than a lawful and legitimate purpose, nor use the Site or Public Forums in violation of local, state, national or international laws, and you will not submit material that encourages any other person to violate such laws.  You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site or Public Forums. 

3.15 Removal.  Outro reserves the right, and has sole and absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you provide to us or store on this Site at your sole cost and expense.

3.16 No Active Monitoring.  Outro assumes no responsibility for actively monitoring the Public Forums for inappropriate Content.  If at any time Outro chooses, in its sole discretion, to monitor the Public Forums, Outro nonetheless assumes no responsibility for the user content submitted to the Public Forums, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user supplying the content to the Public Forums.  You agree that Outro accepts no liability whatsoever if it decides to prevent any user content from being submitted, or if it edits or removes the content.

4. DMCA/COPYRIGHT INFRINGEMENT POLICY

4.1 General Policy.  We have adopted the following policy toward copyright infringement, in accordance with the Digital Millennium Copyright Act, or “DMCA”.  It is our policy to block access to or remove material that we believe in good faith to be copyright material that has been illegally copied by visitors to the Site.  It is also our policy to discontinue service to repeat offenders.

4.2 Notice Requirement.  If you believe that your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send a notice of copyright infringement containing the information detailed in Section 4.3 to the Designated Agent identified in Section 4.4.

4.3 Notice Content.  Your notice of copyright infringement must contain all of the following information: (a) identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material (for example, the URL of the infringing material); (c) information reasonably sufficient to permit us to contact you (your address, phone number, and, if available, email address); (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature (or that of someone authorized to act on your behalf).

4.4 Designated Agent.  Outro’s designated agent for notification of claimed copyright infringement can be reached at dmca@princelobel.com. 

4.5. Procedure.  We will review and address all notices that comply with the requirements above.  We reserve the right to remove content alleged to be infringing without prior notice in our sole discretion.

4.6 Repeat Infringers.  If we receive more than one notice of copyright infringement concerning a user, we may deem that user a "repeat copyright infringer."  We may terminate the accounts of "repeat copyright infringers."

5.  Privacy and Disclosure Policy.

5.1 Privacy Policy.  Outro believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of Outro, to understand our practices.

5.2 Disclosure

In certain circumstances we may preserve, use, or disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Outro's systems, assets, rights, employees, members and customers; (b) to ensure the integrity and operation of Outro's business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Outro’s right to disclose information, including but not limited to private or public user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of Outro’s Privacy Policy.

6.  Software Available on This Site.

6.1 United States Availability.  Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote Outro’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. Outro makes no representation that materials on the Site are appropriate or available for use outside of the United States. Those who choose to access the Outro Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

6.2 License to Use Software.  Any software that is made available to download from the Site ("Software") is the copyrighted work of Outro, or Outro affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these Terms of Service and for no other purpose.  WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

7.  REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION

7.1 User Representations and Warranties. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. 

7.2 Indemnification by User. You agree to indemnify, defend and hold Outro, its affiliates, licensees, advertisers, and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives (“Indemnified Parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of (a) your breach of these Terms of Service, including without limitation your representations and warranties; (b) any allegation that any content you submit to us or transmit to the Site infringes the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; (d) your use of or access to this Site or our services; or (e) any products or services that you purchase or obtain in connection with the Site. You shall cooperate as fully as reasonably required in the defense of any such claim. Outro reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8.  DISCLAIMERS AND LIMITATION OF LIABILTY

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS OUTRO’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF SERVICE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE.

8.1 DISCLAIMERS

    1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT OUTRO MAY NOT MONITOR, CONTROL, OR VET USER SUBMISSIONS. ALL CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINATED SUCH CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. OUTRO MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR ANY CONTENT ON THE SITE. ACCORDINGLY, OUTRO IS NOT LIABLE TO YOU FOR ANY LOSS, INJURY (PHYSICAL OR OTHERWISE), OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE (INCLUDING ANY EXPERIENCES YOU MAY HAVE AT BUSINESSES LISTED ON THE SITE).
    2. OUTRO MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, OUTRO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH AND YOUR EXPERIENCES WITH BUSINESSES LISTED ON THE SITE ARE AT YOUR OWN DISCRETION AND RISK.
    3. OUTRO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF OUTRO SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    5. OUTRO DISCLAIMS LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, (3) BUSINESS INTERRUPTION, (4) REPUTATIONAL HARM, OR (5) LOSS OF INFORMATION OR DATA

8.2 Limitation of Liability.  

  1. Amount. If Outro is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Outro’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Outro for the transaction(s) on this Site giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
  2. Risk Allocation. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Service is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Service inure to the benefit of Outro.

9. REGISTRATION AND SECURITY

9.1 Accuracy of Registration Information. If you choose to register or create an account with us, you will create login credentials by selecting a password and providing an e-mail address. You may also be required to give us certain registration information, all of which must be accurate and up to date. You may not (a) select or use the login credentials of another person with the intent to impersonate that person; (b) use login credentials in which another person has rights without such person’s authorization; or (c) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing constitutes a breach of these Terms of Service, which may result in termination of your account. 

9.2 Password Confidentiality. You are responsible for maintaining the confidentiality of your password.  You will not be required to reveal your password to any representative or agent of Outro.

9.3 Notification of Security Breach.  You shall notify Outro of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

9.4 Responsibility for Account. You are responsible for all usage or activity on your Outro account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.


10.  TERMINATION

10.1 Termination by You.  You may terminate your account at any time by sending e-mail to hello@goingoutro.com. Your access will be suspended within two business days. 

10.2 Termination by Outro.  We may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms of Service, and we may do so without advance notice.

11. Outro’s Intellectual Property.  All contents of this Site are: ©2018 OutSmart LLC. All rights reserved. OUTRO, the O logo, and all other product or service names or slogans displayed on this Site are registered and/or common law trademarks of OutSmart IP LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Outro or the applicable trademark holder. In addition, the look and feel of this Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Outro and may not be copied, imitated or used, in whole or in part, without the prior written permission of Outro. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Outro.

 

11. MISCELLANEOUS

11.1 Governing Law. These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Boston.  You hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that all claims you may have against OutSmart arising from or relating to this Site must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

11.2 Severability. If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect, to the fullest degree consistent with the intent of this document.

11.3 Statute of Limitations.  To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

11.4 Relationship.  You agree that no joint venture, agency, partnership, or employment relationship exists between you and Outro and/or affiliates as a result of these Terms of Service or use of this Site.

11.5 Entire Agreement.  These Terms of Service (and any other terms and conditions referenced herein) constitute the entire agreement between you and Outro with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Outro with respect to this Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.