OpenMyLocker.com - Terms of Service:
Terms of Service:
The OpenMyLocker.com website (the "Site") provides Users
(as herein defined) with the capability to make a locker
and invite their friends to open the locker through links.
Use of the Site is governed by these Terms of Service
which Users must read prior to using the Site. The Site
is owned and operated by PassThePotato LLC. A "User" is
defined as any person who establishes a connection to
or accesses any OpenMyLocker.com related materials, including,
without limitation, to view a locker. By using the Site,
User specifically agrees to be bound by the Terms, as
such may be wholly or partially changed, modified, added
to or reduced at any time by OpenMyLocker.com in its sole
discretion. Users should visit the Site periodically to
determine the conditions of the binding Terms.
2. USER CONDUCT AND USE OF SITE
(A) User agrees to use the Site for lawful, non-commercial purposes only. User shall comply with all federal, state
and local laws applicable to the use of the Site and shall not post or transmit through the Site any material which violates
or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual
property rights), is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or contains advertising or any solicitation.
(B) All Users view lockers at their own risk. No locker
content is saved on OpenMyLocker.com, all images and videos
are being served from other sites linked to by the locker
creator. If User receives an abusive locker, User should
contact the individual who created the locker through
their profile the locker was posted.
(C) By using the Site, User agrees to indemnify, release and
hold harmless OpenMyLocker.com from all liability associated with
User's use of the Site.
(D) The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited, to
web site design, concept, programming, files, and data, all of which are owned by OpenMyLocker.com. User shall not modify,
publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded
material will be permitted. User acquires no ownership rights by downloading copyrighted material.
(E) By submitting material to any area of the Site, User represents
and warrants to OpenMyLocker.com that the owner of such material
has expressly granted OpenMyLocker.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that
may exist in such material. User permits any other User to
access, view, store or reproduce the material for that User's
personal use, and User hereby grants OpenMyLocker.com the right
to edit, copy, publish and distribute any material made available
on the Site by User.
(F) User relinquishes any and all rights to suggestions,
ideas or other content that User submits to OpenMyLocker.com,
including but not limited to, locker content. The act
of submitting suggestions, ideas or other content to OpenMyLocker.com,
does not, in itself, create an agreement of any kind between
User and OpenMyLocker.com. OpenMyLocker.com reserves the
right to freely use and modify the submitted suggestions,
ideas or other content without first obtaining consent
from the submitter.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) Use of the Site service or access to any portion of the Site is done at the sole risk of User.
(B) OpenMyLocker.com shall not be held liable for the
receipt of any unwanted e-mail or the content of any e-mail
resulting from or associated with OpenMyLocker.com. It
is the sole responsibility of User to seek permission
from its recipients prior to sending a link to OpenMyLocker.com.
At no time will OpenMyLocker.com be held responsible for
any inability to prevent lockers from being viewed by
(C) THE OPENMYLOCKER.COM SERVICE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. OPENMYLOCKER.COM
DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE,
THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
IN NO EVENT WILL OpenMyLocker.COM, BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE,
LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT
OF OpenMyLocker.COM OR ANY ERRORS, INACCURACIES, OMISSIONS
OR LACK OF AUTHENTICITY OF ANY SUCH CONTENT.
(D) The above disclaimer of liability includes, without limitation, any damages or injury caused by any availability of service,
error, deletion, theft, alteration, or destruction of data, computer virus, tortious behavior, negligence, or any other cause of
action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site
in any manner, including but not limited to the offensive or illegal conduct of other Users or third-parties of the Site.
4. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(i))
OpenMyLocker.com respects the intellectual property of others,
and we ask our Users to do the same. If a User believes that
User's work has been copied in a way that constitutes copyright
infringement, such User should provide OpenMyLocker.com's Copyright
Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that User claims has been infringed;
3. a description of where the material that User claims is infringing is located on the site;
4. User's address, telephone number, and email address;
5. a statement by User of User's good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by User, made under penalty of perjury, that the above information in User's Notice is accurate and that
User is the copyright owner or authorized to act on the copyright owner's behalf.
OpenMyLocker.com's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
OpenMyLocker.com Copyright Dept.
PO Box 62666
Cincinnati, OH 45262
5. ADVERTISING ON THE SITE
The Site may contain various types of advertising, including
but not limited to banners, popups and text links. The relationship
between User and a OpenMyLocker.com advertiser shall be controlled
by the terms found on an advertiser's Web site or any other
agreement entered into by User and such advertiser. OpenMyLocker.com
is not associated with or responsible for any correspondence,
business dealing, agreements or disputes between User and
any advertiser, including, without limitation, those related
to payment and delivery of goods or services and any other
terms associated therewith. OpenMyLocker.com encourages User
when User connects to them through the Site. OpenMyLocker.com
is not responsible for any losses User may incur from doing
business with a OpenMyLocker.com advertiser. Neither OpenMyLocker.com
nor any or its third parties are responsible for the user-added
portion contained in OpenMyLocker.com e-mails, locker content,
or any other content associated with the OpenMyLocker.com service.
6. INTERNATIONAL USE
OpenMyLocker.com reserves the right to modify OpenMyLocker.com and the materials contained within at any time without prior notice.
7. GOVERNING LAW
Any disputes arising out of or related to the use of the Site or these Terms shall be governed by the laws of the State of
Ohio, U.S.A., without regard to principles of conflicts of law. The courts located in Hamilton County, Ohio shall have the
exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms.
The invalidity or unenforceability of any provision of these Terms shall not affect the other provisions hereof, and
these Terms shall be construed and remain in full force and effect in all respects with such invalid or unenforceable
provisions limited or excluded to the minimum extent required under applicable law.