Terms of Service

 

The primary focus of On2In2™ is the sharing of fun things to see and do, and reading umpteen legal terms, conditions and policies is never fun (nor fun to write up!).  All games, however, must have rules to keep things fair & square, and a strong foundation of purposeful user policies is essential in assuring the best On2In2™ experience.  We tried to make it short and simple, but there’s a lot of ground to cover.  So, here goes.

Please read the “Rules of the Game” below (also sometimes referred to as “rules” or “Rules”), and understand that your accessing, visiting, browsing, viewing, or use of any services provided on the on2in2.com website (“On2In2™ Services”), directly online, through mobile applications, or in any other manner, and whether as a visitor, registered user or otherwise, is conditioned upon your acceptance of and compliance with all the terms and conditions of service as stated in the Rules.  IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, DON’T USE THE ON2IN2.COM WEBSITE.

On2In2™ Services are made available by Zeester Media LLC, a Delaware limited liability company, owner and operator of on2in2.com.  Zeester Media LLC and On2In2™ are referred to in the Rules simply as “on2in2”, “we”, “our” and/or “us”, and at times “on2in2.com” when referring specifically to the website.  On2In2™ Services are sometimes referred to as “on2in2 Services” and/or “services’.

If you have any questions or comments about any of the policies or terms and conditions of service as specified in the Rules, please contact Zeester Media LLC.

 

RULES OF THE GAME
Legal Information & Notices

 

 

  1. Using on2in2 Services

a. Acceptable Use. You must be legally permitted to enter into a binding contract in order to use on2in2 Services, or if underage (in most jurisdictions under the age of 18), express permission from your parent or guardian is required. Your access, viewing and/or use of on2in2 Services as well as any content or materials uploaded, downloaded or appearing on the on2in2 Services (including text, information, photos, video, graphics and links) must be in compliance with the policies, terms and conditions stated here in these “Rules of the Game” (the “Rules”) as well as all applicable local, state, national and international laws, rules and regulations. The on2in2 Services are not available to anyone under the age of 13 years, nor anyone who had a registered user account previously terminated by on2in2.

b.  User Account Registration

1) You can register with on2in2 and sign up for special services such as email newsletters by providing basic contact information (name, email address, location).  Registration is required in order to post comments and participate in on2in2 discussions, and allows you to set up a personal profile, communicate with other registered users, and join and create groups (people sharing common interests).

2) By registering as an on2in2 user, you represent to us that you meet the “Acceptable Use” requirements and conditions stated above in paragraph 1a, and that you understand and agree to comply with the following:

a) You must not provide false or misleading profile information, nor register more than one user account.

b) The contact information you provide on2in2 must be accurate and kept up-to date.

c) You are not allowed to exploit your on2in2 user services for commercial gain, nor receive any form of compensation (money, complimentary product or service etc.) for promoting products or services within the content of your discussion comments and/or posts.

d) You must be 21 years of age to join any discussion regarding alcoholic beverages.

e) on2in2 registration for advertisers and commercial and/or business entities is by invitation only. (Contact Zeester Media LLC to get information on advertising and marketing opportunities.)

f) Profile names, usernames, profile photos and cover images cannot be offensive, obscene, or harassing, and you cannot use an animated image as a profile picture.

c. User Communications and Interactions.   An on2in2 goal is to inspire conversations and connections around shared avocational interests, hobbies, sports and recreational activities, and help you develop the insight and relationships essential for maximum fun. Please keep on2in2 a positive and safe community of users by participating in both online and offline discussions with consideration.   Inflammatory talk, name-calling, obscenities, harassment, and insults are prohibited on this website. Do not hassle, harass, pester, game or spam on2in2 users in any way, shape or form.

d. User Account Termination. You may close your user account at any time.   We reserve the right to terminate a user’s on2in2 account and/or delete user comments and/or posts, at any time and without notice or liability to you, for any reason, including but not limited to, on2in2 has determined, in its sole discretion, that you have violated any of these Rules, or otherwise acted disrespectfully, disruptively, illegally or inappropriately.  Upon termination of your user account, you continue to be bound by the provisions of these Rules.

e. User Submission of Feedback: We welcome your feedback, ideas and suggestions on how to improve on2in2 Services, but you should understand that any user submission of feedback, ideas and/or suggestions by email, online posting, text, letter, fax or any other means of communication, is completely voluntary and gratuitous. By submitting your feedback, ideas and/or suggestions to us, you agree that on2in2 is free to use, disclose and otherwise exploit your submission without any restriction and without compensation to you, and any review or consideration of your submission is at the absolute sole discretion of on2in2.

e. Service Changes. The on2in2 Services will constantly evolve as we attempt to improve and grow; therefore, we reserve the right to change on2in2 Services in any way, including without limitation, add or eliminate features, limit usage or terminate the service, without prior notice.

 

2.  User Content

a.  You Are Responsible for the Content of your comments and postings. As an on2in2 user, you may at times be allowed to post content on on2in2.com, including text, clips, photos, video and other material, as well as participate in forum discussions, and direct communications. Therefore, it is important you understand that you are solely responsible for assuring the content you post or transmit: i) is in compliance with all laws, regulations and these Rules, ii) does not violate another person’s publicity rights or right to privacy, and iii) does not infringe on the intellectual property rights, e.g., copyright and trademark, of other creators and content owners (Read below “Policy on Copyright an Trademark” for more information on intellectual property rights).

b. on2in2 Right to Remove. We reserve the right, but are not obligated, to remove any user posts, comments or content from on2in2.com pages, posts and/or forums for any reason and without prior notice or warning.

c. License to on2in2. You retain your rights to any content (e.g., text, clips, photos, video and/or materials) you create and post on the on2in2 website as well as to story ideas and/or content materials you submit to us via any delivery communication method (e.g., online contact form, email, mail), and by posting or submitting to on2in2, you grant on2in2 a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your posting content and submitted materials in any and all media or distribution methods (now known or later developed). You agree this license includes:

1) The on2in2 right to transmit, syndicate, display, broadcast, distribute or publish via on2in2.com, other websites, media and third party services with no compensation paid to you, and to modify, alter, and/or adapt your content, photos, video and/or material to any requirements or limitations of any networks, devices, services or media.

2) The right of all on2in2 users to search, view, use, display, modify, reproduce, re-post, share and distribute any and all content and materials you have made publicly available by your on2in2 posting or submission.

d. You acknowledge and agree that the receipt and review by on2in2 of story ideas and/or content materials submitted by you does not mean the underlying concept or materials are unique or original, and on2in2 may have previously created or may in future independently create something that is substantially similar or identical to your idea, with no obligation or liability to you. Any on2in2 review of your submitted story ideas and/or content materials is at the sole discretion of on2in2, and does not infer or constitute an on2in2 obligation to treat the idea and content materials as confidential nor to distribute in any manner.

e. Following the removal of your posted content (by on2in2 or you), we may retain your content for a commercially reasonable period of time for backup, archival or audit purposes, and other on2in2 users continue the right to search, view, use, display, modify, reproduce, re-post, share and distribute.

3) Zeester Media LLC does not take responsibility for user content as we do not actively monitor, control or censor (except in certain limited circumstances as described in these Rules). Any use of or reliance on user content or materials posted or obtained by you from on2in2.com or through the on2in2 Services is at your own risk.

 

3. on2in2 Content   

a. on2in2 Rights. All right, title and interest in and to on2in2 Services and content (excluding content provided by users) are and will remain the exclusive property of Zeester Media LLC and its licensors, and are protected by copyright and trademark laws.

b. License to Users. Subject to the terms and conditions of these Rules and the use restrictions specified in subparagraph 3(c) below, we grant you a non-exclusive license to use the on2in2 Services, including accessing and viewing on2in2 content for your personal, noncommercial use. This user license may be terminated by on2in2 for any reason, or no reason, without notice. We reserve all other rights, and no other rights are granted to you.

c. Use Restrictions. You agree:

1) not to use, reproduce, distribute, sell, license or exploit in any manner on2in2 content (in whole or in part) without our express, written permission; and

2) not to use the On2In2™ name, brand, trademark, logo, and/or domain name, or otherwise exploit the On2In2™ brand and its distinctive features.

4. 
 Privacy and Security.  Click → HERE for On2In2™ Privacy and Security Policies

5.  Policy on Copyright and Trademark

Although technology has made it easy to access and quickly distribute a large and varied amount of information, visual art and music, intellectual property laws apply to the internet as with any other media, and the rights of creators and content owners must be respected. Therefore, you should be informed about copyright and trademark protections, and you must consider a creator’s or content owner’s rights before posting or transmitting a copyrighted work or trademark. We reserve the right, but are not obligated, to remove any user content from on2in2.com that we believe may violate intellectual property law.

a. Copyright.   The general rule is—–any original work (text, photo, video or music) is protected by copyright law, and this means you cannot reproduce, post, distribute or transmit an original work (whether found online or offline) without permission from the copyright owner. Giving credit or a “thank you” to the copyright owner is not a substitute for permission; you must obtain the copyright owner’s authorization. Some copyright owner’s provide “copyright-free” (CC0) materials or allow you to reproduce, re-post or share their work under a Creative Commons License (CC), but there are six types of CC licenses and different limitations and conditions apply. Always read the terms and conditions which accompany materials to determine whether your intended use is permitted.  Learn more from these sources:

Social Media Guidelines for posting: Copyright 101  (Colorado State University)

Creative Commons:  Six Types of  CC Licenses

Teaching Copyright:  Public Domain FAQ 

 

b. Trademark. Similarly, permission is required to reproduce a trademark, which is a word, phrase, symbol, design or logo that distinctly identifies a product or services, and is designated by symbols (™, ℠, or ®).

c. Reporting an Infringement. Reproducing copyrighted work or a trademark without the owner’s permission is known as infringement. Upon receipt of a properly provided notice of an alleged copyright or trademark infringement, on2in2 will take whatever action we consider appropriate, including the removal, without prior notice, of the challenged material and termination of the user’s account.

1) Copyright Infringement Notice. If you are a copyright owner, or authorized to act on behalf the owner, please report the alleged copyright infringement taking place on our website by delivering to the on2in2 Copyright Agent a notice with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) your contact information, including mailing address, telephone number, and an email address; (iv) the following statements “:
”I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and (vi) full name and a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner. Notices must be delivered to the following: Zeester Media LLC, Attn: Copyright Agent, 1675 South State St, Suite B, Dover, Delaware 19901 [email: yolo@zeestermedia.com].

2) Trademark Infringement Notice. If you believe someone is using your trademark in an infringing way within the pages of on2in2.com, please notify us by providing a notice via email (yolo@zeestermedia.com) which includes the following information: (i) identify the trademark (exact description of the symbol or word); (ii) the alleged infringer’s user name and factual details of the infringement; (iii) trademark registration number and name of registration agency; (iv) your contact information, including mailing address, telephone number and an email address; (v) the following statements: “I hereby state that I have not authorized the use of the trademark identified in this notice and I have a good faith belief that the challenged use violates my rights as the trademark owner” and “I hereby state under penalty of perjury that all of the information in this notice is accurate and that I am the owner of the trademark identified or authorized to act on behalf of the trademark owner; and (vii) full name and a physical or electronic signature of the trademark owner, or representative authorized to act on behalf of the owner.

 

6.  Third Party Links, Sites and Services

We occasionally include within on2in2.com links to other websites and use “affiliate” links that may compensate us should you purchase a product or service directly via the link (an example of an “affiliate” link, is your purchase directly from an Amazon link included within an on2in2 post).  You acknowledge and agree that Zeester Media LLC 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 other websites or resources, including “affiliate” links do not imply any endorsement by Zeester Media LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

7.  Void Where Prohibited 

on2in2.com is administered and operated by Zeester Media LLC from offices located within the USA, and although the website is accessible worldwide, not all on2in2 Services, features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  Zeester Media LLC reserves the right to limit, in its sole discretion, the use of any on2in2.com feature, product or service to any person or geographic area.  Any offer for any feature, product or service made via on2in2.com is void where prohibited.  If you choose to access on2in2.com from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

8.  Updates/Revisions of Rules

We think we thought of just about everything, but things change quickly in our world.  Consequently, updates to the Rules will be needed periodically to address the evolution of digital media and on2in2.  We, therefore, reserve the right to revise any of the Rules from time to tim, and you agree to be bound by revised Rules by continuing to access the on2in2 services after the revisions have become effective.

 

9.  Disclaimers

ON2IN2 SERVICES ARE DELIVERED TO YOU ON AN “AS IS” and “AS AVAILABLE” BASIS.
ZEESTER MEDIA LLC DOES NOT PROMISE THAT ON2IN.COM OR ANY OF ITS CONTENT, SERVICES OR FEATURES WILL BE FREE OF ERROR OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS.  ALL INFORMATION PROVIDED WITHIN ON2IN2.COM IS SUBJECT TO CHANGE WITHOUT NOTICE.  ZEESTER MEDIA LLC CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM ON2IN2.COM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  ZEESTER MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ZEESTER MEDIA LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS AND THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF ON2IN2.COM AND/OR ANY ON2IN2 SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF ON2IN2 SERVICES AND USE OF ANY LINKED SITES OR ADVERTISING.  YOUR SOLE REMEDY AGAINST ZEESTER MEDIA LLC FOR DISSATISFACTION WITH ON2IN2.COM, ITS SERVICES OR ITS CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH SERVICES OR CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Zeester Media LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to on2in2.com, or any portion of the website, for any reason; (2) to modify or change on2in2.com, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of on2in2.com, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

10.  Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEESTER MEDIA LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ZEESTER MEDIA LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

If, notwithstanding the provisions of these Rules, Zeester Media LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of on2in2.com or any on2in2 Services, Zeester Media LLC liability shall not exceed the greater of (1) the total of any subscription or similar fees with respect to on2in2 Services paid in the six months prior to the date of the initial claim made against Zeester Media LLC, or (2) US$100.00.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

11.  Indemnity

You agree to indemnify and hold Zeester Media LLC, its officers, directors, partners, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Zeester Media LLC by any third party due to or arising out of or in connection with your use of on2in2.com or on2in2 Services.

 

12.  Waiver and Severability

The failure of Zeester Media LLC to enforce any right or provision of these Rules, will not be deemed a waiver of such right or provision. In the event that any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

13.  Controlling Law and Jurisdiction

The Rules stated and any action related to the terms of service provided within the Rules will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the on2in2 Services will be brought solely in Travis County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Rules on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Rules and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

 

14.  Entire Agreement/Other

The Rules as stated here are the entire agreement between Zeester Media LLC and you regarding on2in2 Services (excluding any services for which you have a separate agreement with us that is explicitly in addition to or in place of these provisions), and supersede and replace any prior agreements between Zeester Media LLC and you regarding the on2in2 Services.

 

Updated with revisions effective:  May 20, 2017

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