ONTHECLEANSE TERMS OF USE

Last Revised as of September 15, 2013


Welcome to OnTheCleanse, a social networking service (the “Service”). The Service is owned and operated by Ojala, Inc. (“Ojala”, “we,” or “us”). By accessing or using our website located at www.onthecleanse.com (the “Website”) or using the Service made available through the Website, you agree to be bound by all of the terms and conditions of use set forth in this agreement (the "Agreement").

IF ANY OF THESE TERMS AND CONDITIONS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USAGE OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES IN THESE TERMS AND CONDITIONS OF USE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, AND/OR MODIFICATIONS. IF YOU VIOLATE THESE TERMS OF USE, OJALA MAY TERMINATE YOUR ACCOUNT AND RESTRICT YOUR ACCESS TO THE WEBSITE AND THE SERVICE.


ELIGIBILITY

You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to access or use the Website, register as a Website member and use the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, do not access or use the Website, register as a Website member or use the Service. Membership in the Service is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. By accessing and using the Website and/or the Service and registering as a Website member, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.


CHANGES TO THE AGREEMENT OR THE SERVICE

You agree and understand that the terms of this Agreement, the Website and the Service may be modified by Ojala at any time without prior notice, and such modifications will be effective upon Ojala's posting of the new terms and/or upon implementation of the new changes to the Website or the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Agreement. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page on the Website. You understand that Ojala may suspend or terminate all or a portion of the Website or the Service at any time without notice to you.


MEMBER INFORMATION

In order to use or access certain parts of the Service you are required to register with Ojala, to provide a valid email address that you own and use, and to select a password and user name ("User ID"). If you register as a Website member, you agree to provide Ojala with accurate, complete, and updated registration information. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Ojala reserves the right to refuse registration of, or cancel a User ID at its discretion.

In addition to the terms and conditions set forth in this Agreement and in any privacy policy applicable to the Website and the Service, you understand and agree that Ojala may disclose to third parties, on an anonymous basis, certain aggregate information based on the information you provide to Ojala and your usage of the Website and Service. We will not disclose to any third party your name or other personal information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, subpoena, or other legally compelled disclosure. We reserve the right to offer third party services and products to you based on the information and preferences that you provide to us during your registration as a Website member and at any time thereafter; such offers may be made by Ojala or by third parties. Please see the OnTheCleanse Privacy Policy for further details regarding your personal information. We are not responsible for any data collection and practices of nonaffiliated third-parties that are linked to from our Website.


SECURITY

Any User ID and password provided to you for your access to the Service shall be for your personal use only. You are responsible for maintaining the confidentiality of your password. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify Ojala of any unauthorized use of your User ID or password. You are fully and solely responsible for any and all use of the Service using your User ID and password, whether or not authorized by you, and you agree that Ojala shall not be liable for any misuse as a result thereof. Ojala may rely upon any instructions provided by any person accessing your account after inputting your USER ID and password, including the release of your personal information. In the event of a lost password, you agree that Ojala may email such password to the email address in our records and associated with your account and you agree that Ojala shall not be liable for any misuse as a result thereof. We reserve the right to revoke or deactivate your USER ID and password at any time.


USE OF THE WEBSITE AND SERVICE BY MEMBERS

As a Website member, you may (1) use the Website to solicit postings from, and share postings with other Website members, (2) search the Website member database, (3) forward articles and postings to people you know, whether or not they are existing Website members, and (4) invite people you know to join the Service.


MEMBER CONTENT

Website members are solely responsible for their member profile, and the videos, pictures, text, messages, and information (collectively “Member Content”) that they upload, publish or display (hereinafter “post”) on the Website or transmit to other Website members, Website users, and/or other third parties through the Service.

You shall not post or transmit Member Content that:

  • you did not create or that you do not have permission to post;
  • a message or information under a false name, or information that is false or intentionally misleading;
  • is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person or group;
  • infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others;
  • violates any applicable local, state, national or international law;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • falsely expresses or implies that such Member Content or material is sponsored or endorsed by Ojala or that otherwise falsely misrepresents the origin of the Member Content;
  • is pornographic or sexually explicit in nature; or
  • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

When you post Member Content to the Website, you authorize and direct Ojala to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Website. By posting content to the Website, you represent that you own or possess all necessary rights or licenses to submit any such content. Further, by posting content to the Website, you automatically grant, and you represent and warrant that you have the right to grant to Ojala, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, perform, display, distribute any such Member Content and to prepare derivative works thereof, or incorporate such Member Content into other works, and to grant and authorize sublicense of the foregoing.

Ojala does not endorse any Member Content or opinion and is not responsible for the accuracy, relevancy, copyright compliance, and legality of such Member Content. Ojala reserves the right, in its sole discretion, to reject, refuse to post or remove any information posted by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Service at any time, for any reason, with or without prior notice, and without liability.


CONTENT AVAILABLE ON THE WEBSITE

The Website contains a wide variety of information, data, text, sound, photographs, graphics, video, messages and other materials from a variety of sources, including Ojala, our partners, our advertisers and our members ("Content").

Ojala does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will Ojala be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

We endeavor to keep Ojala free of Content that is offensive, indecent or objectionable; please flag any such content, or notify us at memberservices@onthecleanse.com. Nonetheless, when you access or use the Website or the Service you may be exposed to content that you find offensive, indecent or objectionable.


INTELLECTUAL PROPERTY

All of the Content on the Website or available through the Service is the property of Ojala and/or its licensors (including Website members) and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you permission to display, download, store and print the Content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Content received through the Website or the Service to anyone, including but not limited to others in your organization. Any copy made of information obtained through the Website or the Service must include the copyright notice. All software and accompanying documentation made available for download from Ojala is the copyrighted work of Ojala or its licensors.

All trademarks, service marks, trade and service names are the property of Ojala or its licensors. Nothing contained in the Service should be construed as granting any license or right to use any trademark, service mark, trade or service name displayed on the Website without the express written permission of Ojala or such third-party that may own the trademark, service mark, trade or service name.

Subject to this Agreement, Ojala hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, Content and documentation available on the Website and through the Service to the extent, and only to the extent, necessary to access and use the Website and the Service, in accordance with the terms of this Agreement.

The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Website or the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Website or the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Website or Service to provide service bureau, time sharing or other services to third parties.


RESTRICTIONS ON RIGHTS TO USE THE WEBSITE AND/OR THE SERVICE

You agree that you shall not (and you agree not to allow any third party to):

  • access or use the Website and/or the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes Ojala's policies;
  • attempt to disrupt the operation of the Website and/or the Service through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming;
  • use the Website and/or the Service in any manner that could damage, disable or impair our services or networks;
  • attempt to gain unauthorized access to any member accounts or computer systems or networks, through hacking, password mining or any other means;
  • use any robot, spider, site search/retrieval application, or other device to access, retrieve or index any portion of the Website and/or the Service for any purpose;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the Website and/or the Service or otherwise interfere with other user's or member's enjoyment of the Website and/or the Service;
  • reformat or frame any portion of the web pages that are part of the Website and/or the Service;
  • use the Website or the Service to defame, abuse, harass, threaten or otherwise violate the rights of others;
  • use the Website or the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure or that may otherwise interfere with the functioning of the Website or the Service;
  • use the Website and/or the Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with any of the prohibited activities described in this paragraph.


DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (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 appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, Ojala has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Chris Maxwell
Address: Ojala, Inc., 9314 Forest Hill Blvd. Suite 73, Wellington, FL 33411
E-mail: dmcanotice@onthecleanse.com

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.


THIRD PARTY SITES AND SERVICES

Our Website contains links to other Internet sites owned by third parties, including sites maintained by our advertisers and by Website members. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Website. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.


DISCLAIMER

ACCESS TO THE WEBSITE AND THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OJALA AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, OJALA AND ITS LICENSORS DO NOT WARRANT THAT ACCESS TO THE WEBSITE AND THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO OJALA AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE AND SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF WEBSITE AND THE SERVICE AND YOUR RELIANCE UPON THE INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USER ID OR PASSWORD. OJALA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE WEBSITE AND/OR THE SERVICE.


LIMITATION ON LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL OJALA OR ITS LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF WEBSITE, SERVICE OR ANY OF THE CONTENT AVAILABLE THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL OJALA OR ITS LICENSORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE OJALA AND HOLD OJALA AND ITS LICENSORS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.


INTERNATIONAL USE

Accessing the Website or the Service from territories where the content on the Website is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.


LANGUAGE OF THE AGREEMENT

Where Ojala has provided you with a translation of the English language version of the Agreement, then you agree that the translation is provided solely for your convenience and that the English language version of the Agreement will govern your relationship with Ojala. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.


TERMINATION

You or Ojala may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Ojala has the right (but not the obligation) to refuse to provide access to the Website and/or Service to any person, agency or organization, or to prohibit any person, agency or organization from accessing or using the Website and/or Service, at any time, for any reason or for no reason at all, in our sole discretion.


INDEMNITY

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Website or the Service, you agree to indemnify, hold harmless, and defend Ojala and its officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Website or Service; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.


MISCELLANEOUS

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to it rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and Ojala relating to your use of and our provision of the Website and Service and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Ojala. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Ojala of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties'respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.