Terms of Service

Last Updated: 29th September 2021

Queries: info [at] outerfoundation [dot] org

Agreement

This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of the Site (including any related services provided by Outer Limited). By using the Site, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use the Site or any services provided by Outer Limited.

Acceptable Use Policy

(a) You agree not to use the Site to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

(b) You agree not to use the Site to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Site.

Term and Termination

This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the Site, unless earlier terminated in accordance with this Agreement.

Notwithstanding the forgoing, if you used the Site prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use the Site (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Site, unless earlier terminated in accordance with this Agreement.

We may (a) suspend your rights to use the Site, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, Outer Limited reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to Outer Limited by the copyright owner or the copyright owner’s legal agent.

Upon termination of this Agreement, your right to use the Site will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. Outer Limited will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, all provisions of this Agreement will remain in effect including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Indemnity

You agree to defend, indemnify and hold harmless Outer Limited (and its subsidiaries and suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Site, (ii) your User Content, or (iii) your violation of this Agreement. Outer Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Outer Limited and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Outer Limited. Outer Limited will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers

THE SITE IS PROVIDED “AS-IS” AND AS AVAILABLE AND Outer Limited (AND ITS SUBSIDIARIES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Outer Limited (AND ITS SUBSIDIARIES AND SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT SHALL Outer Limited (OR ITS SUBSIDIARIES OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR Outer Limited’S PRIVACY PRACTICES, THE SITE, EVEN IF Outer Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Outer Limited’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR Outer Limited’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Outer Limited IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL Outer Limited’S SUBSIDIARIES OR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Updates to these Terms

We may update our terms of service at any time, so please review them each time you visit our website.