Terms and Conditions
TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY FORM A BINDING AGREEMENT BETWEEN YOU AND OTHERLING, LLC (“Otherling” “we” “us” “our”) BEFORE USING: https://www.otherlingworld.com/.
1. YOU AGREE TO THESE TERMS BY USING THE SITE These Terms of Use (the “Terms of Use”) constitute a binding agreement between Otherling and the person (“you” or “your”) accessing https://www.otherlingworld.com/ (including any successor site(s)), and/or unregistered users accessing Otherling’s web application (the “Sites”). You and Otherling shall be known collectively as the “Parties” and singularly as a “Party”. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent, warrant, and covenant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Any reference to a “person” in these Terms of Use includes any individual, corporation, unincorporated association or other legal entity. These Terms of Use govern your use of the Sites that link to these Terms of Use. You agree to abide by these Terms of Use, as they may be amended by Otherling from time to time in our sole discretion. If you do not agree to these Terms of Use, you may not access or use the Sites. You must be at least 18 years of age to use the Sites. We make no claims that the Sites or any content is accessible or appropriate outside of the United States. If you access the Sites outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. If you access or download the Sites from an app store, you hereby understand and agree that (a) these Terms of Use are between you and Otherling (and the app store is not a party hereto); (b) the app store is not responsible for the Sites, any content, maintenance, or support thereof, any warranty therefor, or addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement); (c) you will comply with all applicable rules and terms imposed by the app store (and any other applicable third party terms); (d) the app store and its affiliates are third party beneficiaries of the relevant provisions of these Terms of Use (with the right to enforce these Terms of Use against you); and (e) in the event of any failure of the Sites to conform to any applicable warranty, you may notify the app store, and the app store will refund the purchase price for the Sites to you and to the maximum extent permitted by applicable law, the app store will have no other warranty obligation whatsoever with respect to the Sites.
2. CHANGES TO THE SITES AND TERMS OF USE We may revise and update these Terms of Use from time to time in our sole discretion with or without notice to you. All changes are effective immediately as of the “Last Updated” date of the then-current Terms of Use and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to such changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. We may update the Sites, and any content on the Sites at any time without notice to you. Any of the content or material on the Sites may be out of date at any given time, and we are under no obligation to update such content or material.
3. PERMITTED USE You may use the Sites solely (a) for general information purposes to learn about our products and services, (b) to contact us, and (c) to become, and engage in the authorized activities of, a registered member or user, at all times in compliance with these Terms of Use. PROHIBITED USE You agree that you will not, directly or indirectly, at any time: (a) use the Site in any way that violates any applicable federal, state, local, or international law or regulation; (b) use the Site to engage in any conduct that restricts, interferes with, or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites, or expose them or us to liability; (c) impersonate or attempt to impersonate Otherling, or any other person or entity; (d) use the Site in any manner that could disable, overburden, damage, or impair the Sites; (e) use or access the Site with any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the content on the Sites; (f) share your Site account credentials with anyone; (g) input, upload, post, transmit, store or otherwise provide to or through the Site any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt, disrupt, disable, distort, or otherwise harm or impede the Site in any manner or limit the functionality of any computer software, hardware or telecommunications equipment of Otherling; or (h) upload, post, transmit, store, or otherwise make available any User Content in the Site that is, in Otherling’s sole discretion, unlawful, threatening, abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature, constitutes unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be established or amended from time to time.
4. USER CONTENT We may provide opportunities for you and other users of the Sites to post text, videos, images, or other data or content (collectively “User Content”). All User Content must comply with these Terms of Use and applicable laws. User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, and it must not violate or infringe upon the rights of any third party. By posting User Content you represent and warrant to us that you either own the User Content or have the right to post the User Content. When you post User Content you grant Otherling, our affiliates, licensors, service providers, licensees and assigns an irrevocable, non-exclusive, perpetual right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any User Content for any purpose. We are not responsible for, and do not endorse, User Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by any other person.
5. USE LICENSE Otherling grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Sites, including without limitation, any features, functions, information, and materials on the Sites for personal, non-commercial purposes only. This is the grant of a license, not a transfer of title, and under this license you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content or material on our Sites, except as follows: (a) you may download one copy of a reasonable number of pages of materials from the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (b) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications. Except for the limited license rights expressly granted under these Terms of Use, no licenses or rights are granted by Otherling to you hereunder, by implication, estoppel or otherwise. All other licenses and rights, including without limitation, intellectual property rights in and to the Sites and any content and materials on the Sites are reserved by Otherling.
6. PRIVACY POLICY You agree that all information you provide to Otherling to register with the Sites, or otherwise provide to Otherling through your use of the Sites, including, but not limited to, through the use of any interactive features on the Sites, is governed by these Terms of Use and Otherling’s Privacy Policy, which is hereby incorporated by reference. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. FEEDBACK All comments, suggestions, ideas, or other feedback communicated to Otherling through or in connection with your use of the Sites (“Feedback”) and any modifications of derivatives thereof, and all rights, including without limitation intellectual property rights, in or related to such Feedback shall forever be the exclusive property of Otherling. Otherling may use Feedback for any lawful purpose without any compensation, attribution, or other obligation to you.
8. DISCLAIMER OF WARRANTIES ThE siteS, including THE content and materials ON THE SITES, ARE provided ON AN "as is" And “AS AVAILABLE” BASIS without warranties of any kind with respect to correctness, accuracy, reliability or otherwise. To the fullest extent PERMITTED BY applicable law, NEITHER OTHERLING, NOR ITS AFFILIATES, NOR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS MAKE ANY warranties, express or implied, including, but not limited to, implied warranties of merchantability, Noninfringement, and fitness for a particular purpose. OTHERLING MAKES NO COMMITMENT ABOUT THE CONTENT OR MATERIALS OF THE SITES, THE FUNCTION OF THE SITES, THEIR RELIABILITY OR AVAILABILITY, OR THAT THE SITES WILL MEET YOUR SPECIFIC NEEDS.
9. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Otherling, its officers, directors, employees, agents, licensors and suppliers from and against all claims, actions, losses, liabilities, expenses, damages and costs, including without limitation, reasonable attorneys' fees, incurred by Otherling arising out of or related to: (a) your use of the Sites (including, without limitation, any breach of these Terms of Use, or negligent, willful misconduct, or criminal act) by you, and (b) any User Content submitted to the Sites by you (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at your expense. You may not consent to the entry of any judgment or enter into any settlement pursuant to this Section 8 without our prior written consent.
10. LIMITED LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTHERLING, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OTHERLING, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITES, AND REGARDLESS OF THE BASIS OR THEORY OF THE CLAIM, EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES, AND REGARDLESS OF WHETHER ANY REMEDY PROVIDED HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. THIRD PARTIES The Sites may link to sites or applications operated by third parties. Your access to or use of third party sites or applications is at your own risk and subject to your compliance with any applicable third-party terms governing your access to and use of such third party sites or applications. We are not responsible for, and do not endorse, any third party sites or applications.
12. TRADEMARKS Otherling’s name, trade names, branding, logos, product and service names, designs, and slogans (collectively “Marks”) are the property of Otherling or its affiliates or licensors. You must not use such Marks without the prior written permission of Otherling. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
13. COPYRIGHT Copyright © 2024, Otherling, LLC. ALL RIGHTS RESERVED. All content on the Sites is the property of Otherling (or its suppliers) and is protected by United States and international copyright laws. Except as expressly provided in these Terms of Use, no other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You may not change or delete any proprietary notices from materials printed or downloaded from the Sites (or any copies thereof). You may not use any trademarks contained on the Sites without the prior written permission of Otherling (or the applicable owner). You acknowledge that, as between Otherling and you, all rights, title, and interests in and to the Sites, including all related intellectual property rights, belong to and are retained solely by Otherling (or Otherling’s third party licensors and suppliers, as applicable). Otherling reserves all rights not expressly granted to you in these Terms of Use.
14. COPYRIGHT INFRINGEMENT Otherling respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Otherling infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site; 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; information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All notices described above should be sent to Otherling (by mail, email, or phone) at: hello@otherlingworld.com We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. GOVERNING LAW; DISPUTE RESOLUTION These Terms of Use and your use of the Site are governed by the laws of the State of California, excluding any conflict of laws rule. Venue for any litigation arising out of or otherwise relating to these Terms of Use will be limited exclusively to state and federal courts of competent jurisdiction located in the State of California. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES. Notwithstanding anything to the contrary in these Terms of Use, Otherling may (at any time and in any court of competent jurisdiction) seek equitable relief (or bring any other claim or action) in connection with any actual or threatened violation of Otherling’s intellectual property rights.
16. SEVERABILITY; WAIVER If, for whatever reason, any provision of these Terms of Use is invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the other provisions of these Terms of Use will continue in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and any failure of Otherling to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. NOTICES; ELECTRONIC COMMUNICATIONS When you visit the Sites, or send communications to Otherling through the Sites, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
18. QUESTIONS AND FEEDBACK Any questions and feedback about the Sites or these Terms of Use should be directed to hello@otherlingworld.com.
1. YOU AGREE TO THESE TERMS BY USING THE SITE These Terms of Use (the “Terms of Use”) constitute a binding agreement between Otherling and the person (“you” or “your”) accessing https://www.otherlingworld.com/ (including any successor site(s)), and/or unregistered users accessing Otherling’s web application (the “Sites”). You and Otherling shall be known collectively as the “Parties” and singularly as a “Party”. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent, warrant, and covenant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Any reference to a “person” in these Terms of Use includes any individual, corporation, unincorporated association or other legal entity. These Terms of Use govern your use of the Sites that link to these Terms of Use. You agree to abide by these Terms of Use, as they may be amended by Otherling from time to time in our sole discretion. If you do not agree to these Terms of Use, you may not access or use the Sites. You must be at least 18 years of age to use the Sites. We make no claims that the Sites or any content is accessible or appropriate outside of the United States. If you access the Sites outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. If you access or download the Sites from an app store, you hereby understand and agree that (a) these Terms of Use are between you and Otherling (and the app store is not a party hereto); (b) the app store is not responsible for the Sites, any content, maintenance, or support thereof, any warranty therefor, or addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement); (c) you will comply with all applicable rules and terms imposed by the app store (and any other applicable third party terms); (d) the app store and its affiliates are third party beneficiaries of the relevant provisions of these Terms of Use (with the right to enforce these Terms of Use against you); and (e) in the event of any failure of the Sites to conform to any applicable warranty, you may notify the app store, and the app store will refund the purchase price for the Sites to you and to the maximum extent permitted by applicable law, the app store will have no other warranty obligation whatsoever with respect to the Sites.
2. CHANGES TO THE SITES AND TERMS OF USE We may revise and update these Terms of Use from time to time in our sole discretion with or without notice to you. All changes are effective immediately as of the “Last Updated” date of the then-current Terms of Use and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to such changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. We may update the Sites, and any content on the Sites at any time without notice to you. Any of the content or material on the Sites may be out of date at any given time, and we are under no obligation to update such content or material.
3. PERMITTED USE You may use the Sites solely (a) for general information purposes to learn about our products and services, (b) to contact us, and (c) to become, and engage in the authorized activities of, a registered member or user, at all times in compliance with these Terms of Use. PROHIBITED USE You agree that you will not, directly or indirectly, at any time: (a) use the Site in any way that violates any applicable federal, state, local, or international law or regulation; (b) use the Site to engage in any conduct that restricts, interferes with, or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites, or expose them or us to liability; (c) impersonate or attempt to impersonate Otherling, or any other person or entity; (d) use the Site in any manner that could disable, overburden, damage, or impair the Sites; (e) use or access the Site with any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the content on the Sites; (f) share your Site account credentials with anyone; (g) input, upload, post, transmit, store or otherwise provide to or through the Site any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt, disrupt, disable, distort, or otherwise harm or impede the Site in any manner or limit the functionality of any computer software, hardware or telecommunications equipment of Otherling; or (h) upload, post, transmit, store, or otherwise make available any User Content in the Site that is, in Otherling’s sole discretion, unlawful, threatening, abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature, constitutes unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be established or amended from time to time.
4. USER CONTENT We may provide opportunities for you and other users of the Sites to post text, videos, images, or other data or content (collectively “User Content”). All User Content must comply with these Terms of Use and applicable laws. User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, and it must not violate or infringe upon the rights of any third party. By posting User Content you represent and warrant to us that you either own the User Content or have the right to post the User Content. When you post User Content you grant Otherling, our affiliates, licensors, service providers, licensees and assigns an irrevocable, non-exclusive, perpetual right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any User Content for any purpose. We are not responsible for, and do not endorse, User Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by any other person.
5. USE LICENSE Otherling grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Sites, including without limitation, any features, functions, information, and materials on the Sites for personal, non-commercial purposes only. This is the grant of a license, not a transfer of title, and under this license you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content or material on our Sites, except as follows: (a) you may download one copy of a reasonable number of pages of materials from the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (b) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications. Except for the limited license rights expressly granted under these Terms of Use, no licenses or rights are granted by Otherling to you hereunder, by implication, estoppel or otherwise. All other licenses and rights, including without limitation, intellectual property rights in and to the Sites and any content and materials on the Sites are reserved by Otherling.
6. PRIVACY POLICY You agree that all information you provide to Otherling to register with the Sites, or otherwise provide to Otherling through your use of the Sites, including, but not limited to, through the use of any interactive features on the Sites, is governed by these Terms of Use and Otherling’s Privacy Policy, which is hereby incorporated by reference. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. FEEDBACK All comments, suggestions, ideas, or other feedback communicated to Otherling through or in connection with your use of the Sites (“Feedback”) and any modifications of derivatives thereof, and all rights, including without limitation intellectual property rights, in or related to such Feedback shall forever be the exclusive property of Otherling. Otherling may use Feedback for any lawful purpose without any compensation, attribution, or other obligation to you.
8. DISCLAIMER OF WARRANTIES ThE siteS, including THE content and materials ON THE SITES, ARE provided ON AN "as is" And “AS AVAILABLE” BASIS without warranties of any kind with respect to correctness, accuracy, reliability or otherwise. To the fullest extent PERMITTED BY applicable law, NEITHER OTHERLING, NOR ITS AFFILIATES, NOR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS MAKE ANY warranties, express or implied, including, but not limited to, implied warranties of merchantability, Noninfringement, and fitness for a particular purpose. OTHERLING MAKES NO COMMITMENT ABOUT THE CONTENT OR MATERIALS OF THE SITES, THE FUNCTION OF THE SITES, THEIR RELIABILITY OR AVAILABILITY, OR THAT THE SITES WILL MEET YOUR SPECIFIC NEEDS.
9. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Otherling, its officers, directors, employees, agents, licensors and suppliers from and against all claims, actions, losses, liabilities, expenses, damages and costs, including without limitation, reasonable attorneys' fees, incurred by Otherling arising out of or related to: (a) your use of the Sites (including, without limitation, any breach of these Terms of Use, or negligent, willful misconduct, or criminal act) by you, and (b) any User Content submitted to the Sites by you (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at your expense. You may not consent to the entry of any judgment or enter into any settlement pursuant to this Section 8 without our prior written consent.
10. LIMITED LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTHERLING, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OTHERLING, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITES, AND REGARDLESS OF THE BASIS OR THEORY OF THE CLAIM, EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES, AND REGARDLESS OF WHETHER ANY REMEDY PROVIDED HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. THIRD PARTIES The Sites may link to sites or applications operated by third parties. Your access to or use of third party sites or applications is at your own risk and subject to your compliance with any applicable third-party terms governing your access to and use of such third party sites or applications. We are not responsible for, and do not endorse, any third party sites or applications.
12. TRADEMARKS Otherling’s name, trade names, branding, logos, product and service names, designs, and slogans (collectively “Marks”) are the property of Otherling or its affiliates or licensors. You must not use such Marks without the prior written permission of Otherling. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
13. COPYRIGHT Copyright © 2024, Otherling, LLC. ALL RIGHTS RESERVED. All content on the Sites is the property of Otherling (or its suppliers) and is protected by United States and international copyright laws. Except as expressly provided in these Terms of Use, no other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You may not change or delete any proprietary notices from materials printed or downloaded from the Sites (or any copies thereof). You may not use any trademarks contained on the Sites without the prior written permission of Otherling (or the applicable owner). You acknowledge that, as between Otherling and you, all rights, title, and interests in and to the Sites, including all related intellectual property rights, belong to and are retained solely by Otherling (or Otherling’s third party licensors and suppliers, as applicable). Otherling reserves all rights not expressly granted to you in these Terms of Use.
14. COPYRIGHT INFRINGEMENT Otherling respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Otherling infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site; 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; information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All notices described above should be sent to Otherling (by mail, email, or phone) at: hello@otherlingworld.com We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. GOVERNING LAW; DISPUTE RESOLUTION These Terms of Use and your use of the Site are governed by the laws of the State of California, excluding any conflict of laws rule. Venue for any litigation arising out of or otherwise relating to these Terms of Use will be limited exclusively to state and federal courts of competent jurisdiction located in the State of California. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES. Notwithstanding anything to the contrary in these Terms of Use, Otherling may (at any time and in any court of competent jurisdiction) seek equitable relief (or bring any other claim or action) in connection with any actual or threatened violation of Otherling’s intellectual property rights.
16. SEVERABILITY; WAIVER If, for whatever reason, any provision of these Terms of Use is invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the other provisions of these Terms of Use will continue in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and any failure of Otherling to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. NOTICES; ELECTRONIC COMMUNICATIONS When you visit the Sites, or send communications to Otherling through the Sites, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
18. QUESTIONS AND FEEDBACK Any questions and feedback about the Sites or these Terms of Use should be directed to hello@otherlingworld.com.