Terms of Service 

These Terms of Service ("Terms") govern your access to and use of our website (ourstand.co), products, and services ("Products").

Please read these Terms carefully. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service.

By registering with us or using or browsing OurStand you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the OurStand Platform at any time.

1) Using This Website

Who can use this Website

You may use our Products only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited.

The OurStand Platform is not directed to those younger than 18 and is offered only to users 18 years of age or older.

If you are under 18 years old, please do not use the OurStand.

Any person who provides their personal information through the OurStand represents to us that they are 18 years of age or older.

Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

2) Your Content

Posting content

We allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post.

You are solely responsible for Your Content and Network Data. You are responsible for making sure that you have all rights in Your Content and Network Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data.

You understand that OurStand does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data that you post.

Additionally, you understand and agree that Your Content and Network Data that is displayed on the OurStand Platform may continue to appear on the OurStand Platform, even after you have terminated your account, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

How other users can use your content

You grant other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on this site solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from this site, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, our users may retain and continue to use, store, display, reproduce, re-share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through this site.

Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make this website more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. 

3) Security

We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

4) Termination 

We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-10 of these Terms.

5) Disclaimers 

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

THIS WEBSITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

This Website takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

6) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

7) Arbitration

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the country where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that we will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

8) Governing Law and Jurisdiction 

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. 

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

9) Content and Reasonable Conduct Policy

We do not permit pornography, adult content or nudity. To clarify what we define as adult content, nudity or pornography, networks that contain the following would clearly NOT be allowed:

  • Depictions or images of sexual acts or implied sexual activity
  • Nudity (exposed or see-through coverage of areas typically covered by a bathing suit or underwear)
  • Graphic photos or videos
  • Fetishes

We reserve the right to remove any Content that from our discretion violates our content policy, including pornography, copyright violations, violent threats, impersonation, or scams.

You will not post, email or make available any Content to Users or use the OurStand Platform:

  • In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Ning Platform in connection with Your Network;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  • in a manner that is harmful to minors in any way;
  • to impersonate an OurStand employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity
  • to interfere or attempt to interfere with the proper working of the OurStand Platform or prevent others from using the OurStand Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the OurStand Platform, or that otherwise negatively affects other persons’ ability to use the OurStand Platform;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the OurStand Platform (including the Network Code or Platform Code) or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person’s explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the OurStand Platform or to Users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • “Stalk” or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the OurStand Platform, or to proxy authentication credentials for any Member of the OurStand Platform for any purpose, including automating logins to the OurStand Platform.
  • Use any profanity or the description or name of any illegal activity in the name of Your Network or the Network Subdomain (as defined below) for Your Network;
  • Post any Content containing child pornography to any Network. OurStand absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Network Data, to law enforcement, including the National Center for Missing and Exploited Children;
  • Post any Content that OurStand determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any Content that OurStand determines constitutes pornography, contains nudity, or is otherwise of a similar adult nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Networks and the OurStand Platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on OurStand’s infrastructure;
  • Attempt to gain unauthorized access to OurStand’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Ning Platform;
  • Use the OurStand Platform as a generic file hosting service; and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the OurStand Platform.

You agree not to authorize or encourage any third party to use the OurStand Platform to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify OurStand in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

10) General Terms 

Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

No warranties
This Website is provided "as is," with all faults, and OurStand express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability
In no event shall OurStand, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. OurStand, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification
You hereby indemnify to the fullest extent OurStand from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms
OurStand is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment
The OurStand is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement
These Terms constitute the entire agreement between OurStand and you in relation to your use of this Website, and supersede all prior agreements and understandings.