Terms of Service

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Acceptance of terms

The following terms and conditions govern all use of (i) the https://outsmart.io website (the Website), and (ii) the services and products available at or through the Website (the Service). The Service is owned and operated by Outsmart. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Outsmart (collectively, the Terms of Use).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. Outsmart'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY Outsmart, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Service is available only to individuals who are at least 17 years old. If you do not so qualify, do not attempt to use the Service. Outsmart may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

More simply put:This agreement gives you a license to use Outsmart's product. You don't need to sign a separate paper agreement with us - your license is collectively composed of this page, any order forms you agreed to, and the registration form you fill out.


Modification of Terms of Service

Outsmart reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Outsmart will notify you through a service announcement or by sending email to your primary email address. What constitutes a material change will be determined at Outsmart's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

More simply put:Outsmart may make changes to these Terms and you will be notified at larger changes.


Information and Privacy

Outsmart's current Site Privacy Statement is available at https://outsmart.io/privacy (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to Outsmart's Privacy Policy, or to report a privacy related problem, please contact support@outsmart.io.

 

Description of Service

We provide an array of services for online collaboration and management including presentation tool, database application, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services").

Your access to and use of the Service may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Service or any other reasons within or outside the control of outsmart.io. Outsmart reserves the right to suspend or discontinue the availability of the Website and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. outsmart.io may also impose limits on certain features and Services or restrict your access to parts of or all of the Website and the Services without notice or liability.

You may use the Service for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

More simply put:Outsmart provides online services for personal or business use; and disruptions online can't be foreseen and might happen from time to time.


Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Program" or "Beta Service") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services.

You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.

You agree that CLO will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

More simply put:Outsmart may offer beta services to certain users, free of charge and can terminate a such account at any time with or without further notice.


New features

Outsmart may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Service.

More simply put:Outsmart may offer new services or features, and those will automatically be subject to these Terms.


Rules and Conduct

The Website and the Service and any Content (as defined below) made available on or through the Service is provided only for (a) your own personal use, (b) your internal business use or (c) if you are a Managed Service Provider (as defined below), use in the support of your customers that use the Service for their own personal or internal business use, all in compliance with all applicable laws, rules and regulations.

If you desire to make any other commercial use of the Website or the Service, including but not limited to customizing, selling or distributing the Service (whether as a stand-alone service or bundled with your services) for consideration of any kind or for no consideration, you must first obtain Outsmart's specific written approval in advance and/or enter into a written agreement with Outsmart. The Service is intended for use described above only and may not be used in connection with any other commercial endeavors except those that are specifically endorsed or approved by Outsmart in writing. Except for distributions for the use described above to your employees or independent contractors for your internal business use and in compliance with these Terms of Service, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way. "Managed Service Provider" means a service provider that manages or administers the Outsmart account of a third party for the third party's internal business or personal use only.

If you are a Managed Service Provider, you (i) shall not use, administer or manage the Service in violation of these Terms of Service, (ii) acknowledge and agree that the Outsmart Service account is for the benefit of the Outsmart customer only and upon any termination of your relationship with your customer, the customer will be free to use, manage and administer the Service on its own, (iii) agree not to charge for the Service and to ensure that your customers understand that any fees that you charge are solely for your services and not for the Service, (iv) shall not frame this Site, the Service or its content in any manner, and (v) shall not, and shall not attempt to, block or remove any advertisements contained in or offered through the Service. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms of Service, "Content" includes, without limitation, any information or data (including, information or data generated or otherwise provided by Outsmart or its partners through the Service or related services, or otherwise available through the Website that are not Submissions (as defined below)), text, software, scripts, graphics, photos, documents and interactive features.

You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (or permit others to): (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any "Submissions" such as, without limitation, postings to the Outsmart Community, comments, text, communications, software, images, sounds, data or other materials or information) using any communications service or other service available on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Service;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • imposes an unreasonable or disproportionately (in the sole judgment of Outsmart) large load on Outsmart's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Outsmart or any third party; or
  • impersonates any person or entity, including, without limitation, any employee or representative of Outsmart.

You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Outsmart's express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Outsmart may use to prevent or restrict access to the Service.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Website (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including, without limitation, screen names, about other members or users of the Service. The use of any information learned through the Service or while in the Website is limited to the express purposes set forth in these Terms of Service; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Outsmart may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions), or for no reason at all.

Outsmart may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms of Service, including, without limitation, with any provision of this section.

Please report any violation of these Terms of Service by contacting Outsmart at support@outsmart.io.

More simply put:You are not allowed to use outsmart.io or our services to do anything unlawful, which includes posting pornographic or defamatory content, harassing or threatening people and interfering with the proper working of our system.

As long as you remain reasonable and responsible when using outsmart.io, we assure that you'll be fine.


Registration

As a condition to using the Service, you may be required to register with Outsmart by providing information to be specified during the registration process and entering an email address and selecting a password and account name ("Outsmart User ID"). You shall provide Outsmart with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Outsmart account.

In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as a Outsmart User ID a name of another person with the intent to impersonate that person; (ii) use as an Outsmart User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an Outsmart User ID a name that is otherwise offensive, vulgar or obscene.

Outsmart reserves the right to refuse registration of, or cancel an Outsmart User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Outsmart password. You may never use another user's account without such other user's express permission. You will immediately notify Outsmart in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

More simply put:To fully use outsmart.io or our services you need to create your own account without violating other peoples' rights.

You will be responsible for all actions executed from your account.


Payment and Electronic communications

If you have purchased a paid Service, you are expressly agreeing that Outsmart is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Outsmart in connection with your use of the Website and/or Service and that the fees will be billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card for any reason in advance of the applicable subscription period, Outsmart reserves the right to either suspend or terminate your access to the Website and/or any Service and terminate these Terms of Service. Subscription fees are payable in U.S. Dollars and based on Services purchased and not on actual usage. All fees are non-refundable.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. If you have purchased a paid subscription to the Website and Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that Outsmart will automatically charge your credit card on record with Outsmart for the then-current subscription period upon the commencement of any renewal period. You will provide Outsmart with valid and updated credit card information and you authorize Outsmart to charge such credit card for all purchased subscriptions and renewals.

You may terminate your subscription to the Website and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan level, the credit card attached to your account will automatically be charged or credited the new prorated amount for the current month. The new plan rate will apply from your next billing cycle i.e. from the next time we charge your card.

For example, assume you are on a Single plan at $10/month and decide to upgrade to the Multiple plan at $50/month halfway through a billing cycle. At the point you upgrade, there will be an automatic charge to your credit card of a pro rata amount - in this case $20 which is half of the difference between $50 and $10. From the next billing date and forward you will be charged at the new plan rate of $50/month. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Outsmart does not accept any liability for such loss.

By using the Site, you consent to receiving electronic communications from Outsmart. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Website and Service. These electronic communications are part of your relationship with Outsmart and you receive them as part of your subscription to the Website and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

More simply put:Purchased or paid services via outsmart.io are billed in advance on a monthly basis; and a terminated subscription is non refundable.


Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by accessing your account settings, which provides a simple no questions asked cancellation link.

All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Outsmart, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Outsmart service, for any reason at any time.

Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Outsmart reserves the right to refuse service to anyone for any reason at any time.

More simply put:Upon termination of your Outsmart account, you will lose your access to outsmart.io and your content will be removed.


Third party sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Outsmart's control, and you acknowledge that Outsmart is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

The inclusion of any such link does not imply endorsement by Outsmart or any association with its operators. You further acknowledge and agree that Outsmart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

More simply put:Outsmart takes no responsibility, directly or indirectly, for any damage or loss caused by third party sites.


Content and Submissions

(A) Outsmart content generally.

You agree that the Website and Service contains Content specifically provided by Outsmart or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Outsmart in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content.

However, Outsmart hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Content (excluding any software code) solely for your personal and non-commercial use as expressly authorized under these Terms of Service; provided, that you retain all copyright and other proprietary notices contained therein.

Reproducing, copying or distributing any Content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Outsmart.

Outsmart has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms of Service is prohibited. Any rights not expressly granted herein are reserved.

(B) Submission posted by user(s).

Outsmart provides features through the Service which allow users to upload, submit, disclose, distribute or otherwise post Submissions at or on the Website or otherwise through the Service (such as through the Outsmart Community). If Outsmart provides such features, you:

  • grant to Outsmart, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
  • represent and warrant to Outsmart that you own or otherwise control all rights to such Submissions and that disclosure and use of such Submissions by Outsmart (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party;
  • acknowledge that such Submissions may not be treated confidentially.

You agree not to provide Outsmart with any information that you desire or are required to keep secret.

If you are enabled to post Submissions as contemplated by this subsection (b), you are solely responsible for the Submissions you post on or through the Service. Outsmart does not endorse and has no control over the Submissions posted or otherwise provided by users. Outsmart reserves the right to, immediately and without notice, delete or otherwise remove any user Submissions that, in Outsmart's sole discretion it determines, violates these Terms of Service or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

More simply put:Outsmart trademarks and branded content cannot be used without our written consents.

You are solely responsible for the submissions you post on outsmart.io or its services and you need to make sure the content do not infringe or violate any law of order.

Outsmart has your permission to use your provided content for promotional reasons.


Termination

Outsmart may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Service or your Outsmart account (if you have one), you may simply cancel your account by by accessing your account settings, which provides a simple no questions asked cancellation link.

All provisions of the Terms of Service which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

More simply put:Outsmart reserve the right to refuse or terminate an account, for any reason at any time.


No warranties

THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Outsmart, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER Outsmart NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.

More simply put:Outsmarts services are provided completely as-is. The service might be broken, or occasionally unavailable or have other issues.

We really hope none of these things ever happen and we will act as professionally as possible to make sure that's the case.


Limitation of Liability

IN NO EVENT SHALL Outsmart, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL Outsmart'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE HUNDRED US DOLLAR ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT Outsmart SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.

More simply put:Outsmart is building the best service we can for You, but we can't promise it will be perfect.


Indemnification

You agree to defend, indemnify, and hold harmless Outsmart, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, your Submissions, violation of the Terms of Service by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Outsmart reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Outsmart in asserting any available defenses.

More simply put:If Outsmart are sued because of something You personally do on outsmart.io, you have to pay our costs.


International Use

By choosing to access outsmart.io from any location other than Thailand, you accept the full responsibility for compliance with all local laws that are applicable. Outsmart makes no representation that materials on the Website are appropriate or available for use in locations outside Thailand, and accessing them from territories where such activity is illegal is strictly prohibited.

More simply put:Outsmart can't guarantee the content is accessible or appropriate around the world.


Dispute resolution

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. You and Outsmart agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Service shall be governed by and construed in accordance with the laws of Thailand. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this Website or Service shall be filed only in Thailand and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section.

More simply put:You're welcome to sunny and warm Thailand if you have any negative obligations to the these Terms.


Integration and Severability

These Terms of Service are the entire agreement between you and Outsmart with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Outsmart with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

More simply put:This online terms agreement ensure that a deal is a deal when you're using a site, including outsmart.io.


Miscellaneous

These Terms of Service and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Outsmart's prior written consent. Outsmart may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

More simply put:Outsmart and its Service are personal assigned to you, and can not be assignable, transferable or sublicensable to someone else.



Digital Millennium Copyright Act Notice

Outsmart has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Outsmart's Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent') is listed at the end of this policy.

It is Outsmart's policy to (1) block access to or remove Submissions and content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the Service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that Submissions or content residing on or accessible through the Outsmart web site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Submissions or content that is claimed to be infringing including information regarding the location of the Submissions or content that the copyright owner seeks to have removed, with sufficient detail so that Outsmart is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Submissions or content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Outsmart's policy:

  1. to remove or disable access to the infringing Submissions or content;
  2. to notify the Submissions or content provider, member or user that it has removed or disabled access to the Submissions or content; and
  3. that repeat offenders will have the infringing Submissions or content removed from the system and that Outsmart will terminate such content provider's, member's or user's access to the Service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the Submissions or content provider, member or user believes that the Submissions or content that was removed or to which access was disabled is either not infringing, or the Submissions or content provider, member or user believes that it has the right to post and use such Submissions or content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the Submissions or content provider, member or user;
  • Identification of the Submissions or content that has been removed or to which access has been disabled and the location at which the Submissions or content appeared before it was removed or disabled;
  • A statement that the Submissions or content provider, member or user has a good faith belief that the Submissions or content was removed or disabled as a result of mistake or a misidentification of the Submissions or content; and
  • Submissions or content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction for any judicial district in which Outsmart is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Outsmart may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Submissions or content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Submissions or content provider, member or user, the removed Submissions or content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Outsmart's discretion.

Please contact Outsmart's Designated Agent to Receive Notification of Claimed Infringement via our contact form or at the following address:

Designated Agent, Outsmart
e-mail: support@outsmart.io

More simply put:Outsmart respect copyrights. You should, too.

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