1. ACCEPTANCE OF TERMS
Ocend and (or) the ISP(s) hosting any content on this site take NO responsibility for the way you use the information provided on this site. These files and anything else on this site are here for private purposes only and if you want to use a software for business purpose, please purchase it from your local retailer or software author. Nothing on this page is illegal the way it is. If you use this page for anything other than educational or entertainment purposes, we’re not held responsible for your actions or anything as a result of this page. If you want to use a software downloaded at the links published in the Internet page you must officially purchase it! Otherwise you are probably violating the laws of your country. If you have any problems with this Internet page or material the Internet page contains simply press “BACK” button of your browser.
There is no files material stored on our site. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for what you do with the software, information or any other material you get from this site or any resulting links. If you do decide to enter this page and download anything you agree to pay all the resulting fees of any kind. If you agree with everything stated here then enter and if you don’t, leave this site. If you don’t understand any part of this text, leave.
The messages express the views of the author of the post, not necessarily the views of this site. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable posts and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.
Furthermore, the Ocend site and Content available through the Site may contain links to other websites, which are completely independent of Ocend. Ocend makes no representations or warranties as to the accuracy, completeness or authenticity of the information contained in any such site. You are linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Ocend be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
Users outside of the United States agree to comply with applicable laws regarding online conduct and acceptable content.
3. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
Ocend is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If your copyrighted material has been posted on Ocend or if links to your copyrighted material are returned through our search engine and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
The following elements must be included in your copyright infringement claim:
Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide sufficient contact information so that we may contact you. You must also include a valid email address.
You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears in Ocend’s search results.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
The Website is designed to provide its visitors with links to other websites that may host files. Ocend does not host any files nor links directly to files. Ocend is an index blog that allows the visitor to search files not owned or operated by Ocend.
Ocend will remove any link per trademark or copyright owner’s request. Send full URL of the link along with your company’s email address to [email protected] All requests will be processed within 2-4 business days. Here is a link to a sample DMCA Notice for your convenience: http://www.futurequest.net/Services/TOS/DMCA/DMCANotice.php
Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed.
4. RELEASE AND INDEMNITY
By agreeing to the Terms, you hereby acknowledge, that “You”, on behalf of yourself and any partners, members, operators, managers, affiliates, subsidiaries, predecessors, successors, assigns, admins, officers and the partners and affiliates of its partners, members, operators and managers (collectively, the “Releasors”), hereby irrevocably and unconditionally release and forever discharge Ocend, its affiliates, and its owner, a limited liability company, and each of their beneficiaries, trustees, owners, predecessors, successors, assigns, admins, agents, officers, directors, shareholders, employees, Site administrators, servicers, representatives, attorneys, and affiliates, and all persons acting by, through, under, or in concert with any of the aforesaid persons, or entities or persons (collectively, “Releasees”), from and against any and all liability, and from and against any and all causes of action, including any and all suits, covenants, contracts, agreements, debts, liens, obligations, liabilities, claims, demands, damages, judgments, executions, losses, orders, penalties, costs and expenses, including, without limitation, attorneys’ fees, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasors ever had or now have or hereafter may have, whether in law or in equity, based upon, or related to, whether directly or indirectly, to the Site or use thereof. Releasors further agree to defend, indemnify, and hold Releasees harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Releasors’ violation of these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF Ocend AND THE SERVICE IS AT YOUR SOLE RISK. Ocend SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ocne AND ITS OWNER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Ocend AND ITS OWNER DO NOT WARRANT THAT (i) Ocend SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Ocend SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Ocend SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Ocend SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Ocend SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ocend OR THROUGH OR FROM Ocend SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- IF YOU DO NOT UNDERSTAND OR AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THIS SITE . BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS PROVISIONS.
Ocend makes no claims that may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Content; Third Party Content, Sites, and Services; Termination of Account; Disclaimer of Warranties; Release and Indemnity; Jurisdiction; and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Ocend, or in any way relating to your use of the Site, resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving Ocend or its owner(s), affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles.
8. COMPLETE AGREEMENT
Except as expressly may be provided in a particular “legal notice” on the Ocend Site, these Terms constitute the entire agreement between you and Ocend with respect to use of the Ocend Site and Content.