Date Updated: 6/29/2011
Basic Principles / Rules of Conduct
Without limiting anything in these Terms of Service (“ToS”), the following principles apply to your use and access of the Site:
- Don’t use the Site to abuse, harass, threaten, intimidate, or invade the privacy of any other person or entity.
- Don’t use the Site to impersonate or misrepresent your affiliation with any person or entity.
- Don’t post to, or link from, the Site extensive personally identifiable information of any individual, including but not limited to his or her email addresses, last names or other sensitive information without their consent.
- Don’t post to, or link from the Site anything that:
- infringes the copyright and/or intellectual properties of others, or rights of publicity or privacy;
- is defamatory, obscene, or pornographic;
- is fraudulent, false, misleading, or deceptive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or
- violates, or encourages any conduct that would violate, any applicable law or regulation, would give rise to civil liability, or otherwise violate these ToS.
- You will not use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any content or individual element within the Site; access, tamper with, or use non-public areas of the Site, Office Leaks’ computer systems, or the technical delivery systems of Office Leaks’ providers; attempt to probe, scan, or test the vulnerability of any Office Leaks system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Office Leaks or any of Office Leaks’ providers or any other third party (including another user) to protect the Site or Office Leaks Content; attempt to download Office Leaks Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera); attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, or its content. You acknowledge that any violations of this provision is subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all attorney fees, and legal costs related thereto.
- Don’t use the Site to post advertising, promotional materials, or other forms of solicitation.
- Don’t use the Site or any of its content for any commercial purpose.
- Don’t encourage or enable any other individual to do any of the foregoing.
These ToS are a legal agreement between you and Office Leaks, LLC (“Office Leaks”) and apply to you whether or not you are a registered user or a visitor just browsing the website officeleaks.com, or one of its affiliated URLs (collectively, the “Site”). Your access or use of the Site signifies that you have read, understand, and agree to be bound by these ToS, including the following policies, which are incorporated in this agreement by reference:
If you do not agree to these ToS, then you have no right to access or use the Site, or any content contained on it. Please note that this Agreement contains disclaimers of warranties and liability, and an exclusive remedy, and your acceptance of these limitations is an essential condition of the bargain between Office Leaks and you.
The Site and its contents are available only to non-commercial users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least eighteen (18) years of age and otherwise capable of forming a legally binding contract. Any use or access to the Site by anyone under thirteen (13) is expressly prohibited regardless of any ability to enter in contracts or authorized by a parent or guardian.
Modification of ToS
Office Leaks reserves the right to make changes to these Terms of Service at any time by posting the revised ToS to the Site. You are responsible for regularly reviewing these ToS. Your continued use of the Site after the effective date of such changes constitutes your acceptance of such changes. All notices will be deemed made upon being transmitted or posted regardless of the date of receipt by you. If the modified ToS are not acceptable to you, your only recourse is to cease using the Site.
In order to access some of the features of the Site, you will have to create an account (an “Account”). During the registration process, you will be required to provide certain information and you will establish an online persona and a password. You represent and warrant to Office Leaks that all information you submit when you create your Account is accurate and complete. If Office Leaks has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Office Leaks reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your user number/login and password. You must notify Office Leaks immediately of any breach of security or unauthorized use of your Account.
Monitoring of Content; Account Termination
Office Leaks does not pre-screen User Submissions or Accounts. Office Leaks has no obligation to monitor use of the Site or to review or edit any User Submissions (defined below), but has the right to do so for the purpose of operating the Site; investigating, and enforcing possible violations of these ToS; or to comply with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.
Office Leaks may remove any User Submissions at any time, with or without cause, with or without notice. Additionally, Office Leaks reserves the right to disable access to the Site, or terminate or suspend a users Account, at any time, with or without cause, with or without notice. If Office Leaks terminates or suspends your Account for any reason you will not create another Office Leaks Account or otherwise attempt to access your Account without first receiving Office Leaks’ express written permission to do so.
Without limiting any other terms of these ToS, you may stop using the Site (including any related services) at any time.
Any suspension or termination of your Account or other access to the Site, whether by Office Leaks or you, will not affect your obligations to Office Leaks under these ToS (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Certain types of content are made available through the Site. “Office Leaks Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links, and any other content made available through the Site, excluding User Submissions. “User Submissions” means any, text, data, graphics, images, photos, video or audiovisual content, hypertext links, and any other content uploaded, transmitted or submitted by users of the site (including both Account holder and non-Account holders) to or via the Site, including, without limitation in their questions and answers or otherwise through their interactions with the Site or other users.
The Site, and Office Leaks Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these ToS, Office Leaks and its licensors exclusively own all right, title, and interest in and to the Site and Office Leaks Content, including all associated intellectual property rights.
Office Leaks does not claim any ownership rights in any User Submissions and nothing in these ToS will be deemed to restrict any rights that you may have to use and exploit any such User Submissions submitted by you.
However, by making available any User Submissions through the Site, you hereby grant to Office Leaks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast, and otherwise exploit such User Submissions in any and all media or distribution methods. By way of example and not limitation, Office Leaks may modify or adapt your User Submissions in order to transmit, display, or distribute such submissions over computer networks and in various media and/or make changes to your User Submissions as are necessary to conform and adapt your User Submissions to any requirements or limitations of any networks, devices, services, or media. Office Leaks also has the right to make your User Submissions available to other companies, organizations, or individuals who partner with Office Leaks. Such uses by Office Leaks or other companies, organization,s or individuals who partner with us may be made with no compensation to you with respect to your User Submissions or otherwise.
You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or you have all rights, licenses, consents, and releases that are necessary to grant to Office Leaks the rights in such User Submissions, as contemplated under these ToS; and (ii) neither the User Submissions nor your posting, uploading, publication, submission, or transmittal of the User Submissions or Office Leaks’ use of the User Submissions (or any portion thereof) on, through, or by means of the Site will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Interactions between Users and Third-Parties
You are solely responsible for your interactions (including any disputes) with other users or other parties referenced in any User Submissions. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using and posting User Submissions to the Site and disclosing any personal information to other Office Leaks users.
Your use (including posting User Submissions) of the Site, Office Leaks Content and any other content, services, or features made available through the Site is at your sole risk and discretion and Office Leaks hereby disclaims any and all liability to you or any third party relating thereto.
OFFICE LEAKS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SITE, OFFICE LEAKS CONTENT AND USER SUBMISSIONS, AND ANY OTHER CONTENT, SERVICES, OR FEASTURES MADE AVAIALBLE THROUGH THE SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE PREVIOUS PARAGRAPH, OFFICE LEAKS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE OFFICE LEAKS SITE WILL MEET YOUR REQUIREMENTS OR BE AVAIALBLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS OF SERVICE.
Limitation of Liability
Office Leaks is not responsible in any way for any damages or losses, either directly or indirectly, arising from your use or access of the Site, or by your inability to use the Site. Your sole and exclusive remedy for any dispute or claim against Office Leaks is to discontinue using the Site.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, OFFICE LEAKS CONTENT AND USER SUBMISSIONS, AND ANY OTHER CONTENT THEREIN REMAINS WITH YOU. NEITHER OFFICE LEAKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR OFFICE LEAKS CONTENT WILL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE OFFICE LEAKS SITE, EVEN IF OFFICE LEAKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU HAVE ANY DISPUTE OR CLAIM WITH OR AGAINST ANY OFFICE LEAKS PARTY WITH RESPECT TO THIS AGREEMENT OR THE OFFICE LEAKS SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE THAT OFFICE LEAKS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR ANY OTHER DAMAGES THAT MAY RESULT FROM THE USE OF THE SITE (INCLUDING OFFICE LEAKS AND USER SUBMISSIONS) BY YOU. YOU ACKNOWLEDGE THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OFFICE LEAKS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Office Leaks, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Submissions, your access to or use of the Site or Office Leaks Content, or your violation of these ToS.
Third Party Links
The Site may contain links to third-party websites or resources. Office Leaks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Office Leaks of such websites or resources or the content, products, or services available from such websites or resources.
Compliance with Local Laws
Office Leaks makes no representation or warranty that the use or access to the Site, Office Leaks Content and User Submission are appropriate in every country or jurisdiction, and access to this Site and its content from countries or jurisdictions where such access and content is illegal is prohibited. Users who choose to access or post to the Site are responsible for compliance with all local laws, rules, and regulations.
Some aspects of the Site (including its submission process and account information) may be subject to United States export controls. Access to and use of the Site and its content is prohibited from any country to which the United States has embargoed goods (Syria, Sudan, North Korea, Afghanistan, Cuba, Iran, Iraq, and Libya) and from any organization named on the United State's Commerce Department's "Denied Parties List." In using the Site, you are tacitly consenting to abide by all applicable U.S. export laws and regulations. You are also confirming that you are not under the control of or residing in any country named under U.S. export law. For more complete information on export laws, please refer to the U.S. Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of Office Leaks used herein are trademarks or registered trademarks of Office Leaks. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Governing Law - These ToS and any action related to the Site or its content (both Office Leaks Content and User Submission) thereto will be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the Site or these ToS will be in the state and federal courts located in St. Paul, Minnesota.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE REGARDING THESE TERMS OF SERVICE, OR ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION INITIALLY ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Entire Agreement - These ToS constitute the entire and exclusive understanding and agreement between Office Leaks and you regarding the Site, Office Leaks Content and User Submissions, and these ToS supersede and replace any and all prior oral or written understandings or agreements between Office Leaks and you regarding the Site, Office Leaks Content, and User Submissions. If for any reason a court of competent jurisdiction finds any provision of these ToS invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these ToS will remain in full force and effect.
Assignment - You may not assign or transfer these ToS, by operation of law or otherwise, without Office Leaks’ prior written consent. Any attempt by you to assign or transfer these ToS, without such consent, will be null and of no effect. Office Leaks may freely assign these ToS. Subject to the foregoing, these ToS will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices - You consent to the use of: (i) electronic means to complete these ToS and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these ToS or your use of the Site.
The failure of Office Leaks to enforce any right or provision of these ToS will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these ToS, the exercise by either party of any of its remedies under these ToS will be without prejudice to its other remedies under these ToS or otherwise.