Indemnity
You agree to indemnify and hold Outlandia and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Usage, or your violation of any rights of another.
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Disclaimers
OUTFITLANDIA PROVIDES YOU WITH ITS SITE AND SERVICES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FEATURES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER OUTFITLANDIA NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
Copyright
The User acknowledges that Outfitlandia prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at Outfitlandia.com.
By uploading his/her Image, the User is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The User acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Outfitlandia’s servers. Outfitlandia reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The User hereby grants Outfitlandia a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels.
The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the User, unless otherwise mentioned by the license agreement. The User acknowledges that no monetary or financial compensation is owing or required to be paid to the User by Outfitlandia or any of its directors, officers, employees partners, agents or members for the rights granted herein by the User. While Outfitlandia acknowledges that its policy is to provide the User with certain prizes whenever an Image uploaded by the User is declared winner in a contest, the parties agree that Outfitlandia may amend such policy from time to time, as reasonable business objectives may require.
Outfitlandia is entitled to carefully analyze all details and logs of the User and his/her votes/comments on the website. If any suspicion exists, Outfitlandia.com has the right to postpone the offering of prizes until all details are cleared or to refuse offering the prize.
The User is entitled to delete file(s) from his/her profile by using the appropriate section of Outfitlandia.com (My Profile), Read the Contributors’ Exclusivity and Non-Exclusivity Terms for specific details regarding the contributors’ obligations. Once deleted the files are to be removed from all public pages of the site in maximum 24 hours. Outfitlandia is entitled to keep an offline copy of the files for several months, as part of its backup policy. After this time interval expired, Outfitlandia.com shall erase all files.
The User agrees that neither Outfitlandia.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the material. The User further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the material.
Notification of copyright infringement
Outfitlandia may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Outfitlandia’s site, send our team a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted material that you claim have been infringed and identification of what material is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Outfitlandia site; (iv) information sufficient to permit our team to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
General practices regarding use and storage
You acknowledge that Outfitlandia may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that uploaded material will be retained by the site, the maximum disk space that will be allotted on Outfitlandia’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that Outfitlandia has no responsibility or liability for the deletion or failure to store any material uploaded on the site. You acknowledge that Outfitlandia reserves the right to disable accounts that are inactive for an extended period of time. Submitting content or photos that depict children or adult pornography, disturbing material or constitute unapproved or hidden advertising for other sites and services is reason for account suspension without appeal. You further acknowledge that Outfitlandia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Prizes and awards
You are allowed and encouraged to upload material to site and submit entries to various contests run by Outfitlandia and/or its sponsors/partners. You acknowledge that Outfitlandia may establish the winning conditions, which may involve actions from other visitors in the form but not limited to votes, comments, page visits and others. Such actions and the various ways in which the process can be tempered with are beyond Outfitlandia’s control in spite of our efforts and mechanisms implemented to prevent them. By submitting an entry to a contest you commit in good faith to refrain from any such activity, here included but not limited to voting your own submissions, attempting to gain unauthorized access to the site’s administration panel or backend database or preventing access from other visitors. You further acknowledge that Outfitlandia reserves the right to change these contest conditions and limits at any time, in its sole discretion, with or without notice.
Contestations
Engaging with the community revolving around Outfitlandia is intended to be fun and rewarding. Submitting your entries to contests is only part of the experience. As much as we want, we cannot award every competitor a prize. Instead, we are trying to keep it fair and offer everyone a chance. If you want to place a contestation against another competitor, a winner or a contest’s results, please use the contact form available on the site and try to provide us with as much information as possible. Outfitlandia reserves the right to pursue or refuse any investigation arising from such contestations, in its sole discretion, with or without notice.
Receiving a prize
Contest prizes can take the form of physical objects, access to services, gift cards or vouchers. Outfitlandia recognizes the global nature of the Internet and strives to offer meaningful rewards to winners disregarding their place of residence. In the event that such endeavour is rendered impossible for any reason, Outfitlandia reserves the right to offer an alternative and make reasonable efforts to reward the winner, in its sole discretion and without any warranty.
Modifications of service
Outfitlandia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Outfitlandia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Termination
You agree that Outfitlandia in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any material for any reason, including, without limitation, for lack of use or if Outfitlandia believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. Outfitlandia may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that Outfitlandia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Outfitlandia shall not be liable to you or any third-party for any termination of your access to the Services.
Links
The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Outfitlandia has no control over such sites and resources, you acknowledge and agree that Outfitlandia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Outfitlandia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.