LAST REVISED: July 29, 2020
2. USE BY MINORS AND BLOCKED PERSONS
The Website is also not available to any users previously removed from the Website by OSC/PILOT or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
4. ACCOUNT REGISTRATION
In order to open an account (an “Account”), you will be asked to provide us with certain information such as an account name and password. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OSC/PILOT reasonably suspects that you have done so, OSC/PILOT may suspend or terminate your account.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are fully responsible for all activities that occur under your Account. You may not share your Account or password with anyone. You agree to notify OSC/PILOT immediately of any unauthorized use of your account or password or any other similar breach of security.
Unless expressly permitted in writing by OSC/PILOT, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your Account. OSC/PILOT reserves all available legal rights and remedies to prevent unauthorized use of the Website, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Website Provider (ISP) regarding such unauthorized use.
Access to the Website may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Website.
5. TERMS OF SALE
You should carefully read the following Terms of Sale (“Terms of Sale”). By placing an order to purchase a product through the Website, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
OSC/PILOT shall have the right at any time, prior to OSC/PILOT’s acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the Website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to OSC/PILOT’s express acceptance of your order (as described below).
Some portions of the Website require payment of fees (the “Paid Services” including, without limitation, access to the Website). All fees are stated in United States dollars. You shall pay all applicable fees in connection with such Paid Services, and any related taxes or additional charges. Termination of your Account or your rights under these Terms may result in forfeiture of purchased Paid Services.
Depending on your country of residence, you may be able to choose from several different currencies to purchase goods online from OSC/PILOT.
d. Orders for Digital Content and Services.
By placing an order on the Website, you agree that you are submitting a binding offer to purchase a license to download and use a copy of the software. OSC/PILOT will collect sales tax and remit payment in accordance with state tax laws where digital goods are taxable. Your order is accepted and a contract concluded once OSC/PILOT has sent you a Confirmation Email (“Confirmation Email”).
e. All Sales are Final.
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
f. End User License Agreements
Purchase of the Software is in the form of a limited license and is subject to additional agreements, terms and policies, including but not limited to the applicable End User License Agreement. Except as provided in such other agreements:
I. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use the Software, and do not represent any transfer of any right, title, or ownership interest of any kind.
II. You may not relicense, resell, transfer, or exchange license keys within or outside of the Website.
III. Access to the Software is for your internal business use only and not for resale or to provide services to third parties.
IV. You agree that purchase of the Software is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written commitments made by OSC/PILOT with respect to future functionality of features.
g. Force Majeure.
OSC/PILOT shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of OSC/PILOT being prevented, hindered or delayed in the performance by circumstances beyond OSC/PILOT’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event OSC/PILOT may elect to cancel your order and refund any payments made.
g. Entire Agreement.
6. MODIFICATION OF THESE TERMS
8. USER CONTENT
OSC/PILOT allows you to use services, such as a forum, in which you may create, post, transmit, perform, or store content, messages, text, code, or other data on the Website (“User Content”).
a. License to OSC/PILOT
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of OSC/PILOT or third parties. OSC/PILOT reserves all rights and remedies against any users who breach these representations and warranties. Without limiting the generality of the foregoing, OSC/PILOT shall have the right to remove any User Content that violates these Terms or that it deems objectionable.
c. Content is Uploaded at Your Own Risk
OSC/PILOT uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, OSC/PILOT does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that OSC/PILOT shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against OSC/PILOT for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY OSCPILOT HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. PROHIBITED CONDUCT
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Website.
create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Website accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Website; or perform any other similar fraudulent activity;
send spam to users of the Website, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
harvest or collect email addresses or other contact information of other users from the Website;
defame, harass, abuse, threaten, or defraud users of the Website, or collect or attempt to collect, personal information about users or third parties without their consent;
delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Website or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Website, © features that enforce limitations on the use of the Website or User Content, or (d) the copyright or other proprietary rights notices on the Website or User Content;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with or damage the operation of the Website or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
access any website, server, software application, or other computer resource owned, used, and/or licensed by OSC/PILOT, including but not limited to the Website, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures OSC/PILOT may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by OSC/PILOT, including but not limited to the Website;
manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website in any manner;
use or attempt to use another user’s account without authorization from that user and OSC/PILOT;
attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Website that you are not authorized to access;
attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose
buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
hyperlink to images or other non-hypertext content on the forum on other webpages.
show any part of the forum on other websites with < iframe >.
encourage or help anyone in violation of these terms.
submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information; and
use the Website for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, OSC/PILOT takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is OSC/PILOT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Website. Your use of the Website is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.
For Residents of the Republic of Korea, except in the case where OSC/PILOT reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, OSC/PILOT, and/or its affiliates (for instance, when providing notice harms the security of the Website), OSC/PILOT will without delay notify you of the reason for taking the relevant step.
OSC/PILOT has adopted the following policy toward copyright infringement on the Website. If you believe that content residing or accessible on or through the Website infringes a copyright, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that OSC/PILOT is capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
All trademarks including, OSCPILOT and the OSC/PILOT logo, and any other product or service name, logo, or slogan used by OSC/PILOT, and the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of OSC/PILOT, and may not be used in whole or in part in connection with any product or service that is not OSC/PILOT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OSC/PILOT, without our prior written permission.
All other trademarks referenced in the Website are the property of their respective owners. Reference on the Website 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 us or any other affiliation.
12. THIRD-PARTY CONTENT
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Website, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that OSC/PILOT shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
13. IDEA SUBMISSION
If you elect to provide or make available to OSC/PILOT any suggestions, comments, ideas, improvements or other feedback relating to the Website (“Suggestions”), OSC/PILOT shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
For residents of the Republic of Korea, except in the case where OSC/PILOT reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, OSC/PILOT, and/or its affiliates (for instance, when providing notice harms the security of the Website), OSC/PILOT will without delay notify you of the reason for taking the relevant step.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE WEBSITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY OSCPILOT; (B) THE OSCPILOT PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE WEBSITE, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; © OSCPILOT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) OSCPILOT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE OSCPILOT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, OSCPILOT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OSCPILOT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OSCPILOT OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL OSCPILOT OR THE OSCPILOT PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM OSCPILOT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OSCPILOT’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OSCPILOT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, OSCPILOT SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN OSCPILOT AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and OSC/PILOT agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OSCPILOT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OSCPILOT.
YOU AND OSCPILOT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.