1. Definitions
For the purposes of these Terms & Conditions (hereinafter, the "Agreement"), the following definitions shall apply:
- "Website" refers to the OBS Guide website (obsguide.com) and all content, services, and products provided therein.
- "User" means any individual or entity accessing or using the Website.
- "Content" means all materials, information, text, images, graphics, videos, software, and other content available on the Website.
- "We", "Us", "Our" refers to the owners and operators of OBS Guide.
2. Acceptance of Terms
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all applicable laws and regulations. If you do not agree to these terms, you are prohibited from using or accessing this Website.
3. Eligibility
Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are at least 13 years of age or have reached the age of majority in your jurisdiction; and (c) your use of the Website does not violate any applicable law or regulation.
4. Acceptable Use
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes, but is not limited to:
- Engaging in any unlawful, fraudulent, or malicious activity;
- Uploading or transmitting viruses, malware, or any other harmful code;
- Attempting to gain unauthorized access to the Website, user accounts, or computer systems;
- Using the Website to harass, abuse, or harm another person or entity;
- Violating any applicable local, national, or international law or regulation.
5. User Content
Should you submit, upload, or otherwise provide any content to the Website ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any law or the rights of any third party. We reserve the right, but not the obligation, to remove or edit any User Content at our sole discretion.
6. Intellectual Property
All Content on the Website, including but not limited to text, graphics, images, logos, icons, and software, is the exclusive property of OBS Guide or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, transmit, display, perform, or create derivative works from any Content without our prior written consent, except as expressly permitted by this Agreement.
7. Third-Party Links
The Website may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Accessing any third-party websites is at your own risk.
8. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT SHALL OBS GUIDE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
10. Indemnification
You agree to indemnify, defend, and hold harmless OBS Guide, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your use of the Website (including negligent or wrongful conduct).
11. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, civil disturbances, labor disputes, or governmental actions.
12. Modifications and Notifications
We reserve the right to revise, update, or otherwise modify this Agreement at any time, at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. We encourage you to review this page periodically.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which OBS Guide operates, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement or the Website shall be resolved exclusively in the courts located within such jurisdiction, and you hereby consent to the personal jurisdiction of such courts.
14. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and OBS Guide regarding your use of the Website and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, regarding its subject matter.
16. Waiver
No waiver by OBS Guide of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OBS Guide to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
17. Contact Information
If you have any questions, concerns, or comments regarding these Terms & Conditions, please contact us at [email protected]. All notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered by email or posted on the Website.