Terms of Service

Section 1:

The following terms and conditions govern all use of the Owlbee.com website ("The Site"). The Site is owned and operated by Owlbee, LLC. ("Owlbee"). Any use of The Site automatically declares the acceptance of the user, without modification, to all of the terms and conditions contained herein and all other operating rules, policies and procedures associated with The Site, stated or implied, without reservation, acknowledging that any of the above, as well as this agreement, may be altered at any time without notice.

Owlbee retains exclusive ownership rights to all intellectual property related to the design, maintenance, and continued operation of The Site. No aspect of this or any other statement or agreement may be taken to transfer any rights of ownership of any properties related to The Site or Owlbee to any third party.

Except to the extent applicable law, any access to or use of The Site will be governed by the laws of the Commonwealth of Virginia, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the commonwealth and federal courts located in Alexandria County, Virginia, USA.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

A waiver of any term or condition of this agreement or any breach thereof, in any instance, will not waive the term or condition in question for any subsequent breach thereof for the user(s) in question or any other user(s), and is non-transferable.

Owlbee may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Section 2:

Owlbee neither maintains nor accepts responsibility for any content posted to The Site by any user, in any way, shape or form.

Users are responsible for any and all content created, posted, embedded, linked-to, or otherwise entered into The Site and/or any affiliated systems by them, regardless of the nature, geographic location, content format, owner, or degree of control exerted by the user over the content.

All users agree that by creating or submitting any content to The Site in any form or format, they hereby grant a perpetual, universal, royalty-free, non-exclusive license to Owlbee to reproduce, manipulate, display or otherwise utilize said content and any derivative statistics or data in any way deemed appropriate by Owlbee.

All users assert that any and all content posted to The Site in any form or format is:

• legal under the jurisdiction of the United States of America;
• not going to cause harm to Owlbee equipment or the equipment of any potential user of the content at any time;
• not an infringement of any copyright;
• not, in any way, associated with any criminal or terrorist activity or organization;
• not benefiting from, or in any way associated with, unsolicited material ("SPAM") or otherwise causing an undue nuisance that could reasonably be thought to negatively impact Owlbee, The Site, or its affiliates, agents or associates;

Any violation of these conditions may result in the removal, without notice, of the infringing content, or the permanent deletion of the user account, without review or appeal, at the sole discretion of Owlbee.

Owlbee reserves the right, at its sole discretion, to terminate any user account or remove any content from The Site at any time without notification. All terminations and/or removals are final, and may result in the loss of any or all data stored on The Site or its associated properties. Owlbee shall have no liability for any loss, material or otherwise, incurred from the removal of any account or content.

Section 3:

Owlbee agrees to never disclose, sell or share any personally identifying information with any third party unless otherwise ordered to do so by court order.

Owlbee will, at all times, make every reasonable effort to comply with legal requirements imposed upon it by the government of the United States of America, including, but not limited to, DMCA notifications and court orders.

In the interest or protecting its users, Owlbee will use reasonable judgment when deciding whether to appeal court orders before complying.

Owlbee will disclose the existence of legal proceedings whenever it deems it appropriate, and is not prohibited by law or court order, from doing so.

Section 4:

Owlbee accepts no liability for any losses, costs, injuries or liabilities any user may incur as a result of his/her use of The Site or any associated properties. Owlbee issues no warranties or guarantees as to the correctness or security of any content or materials on The Site or it's affiliated properties, and shall have no liability stemming from any errors that may appear on The Site or any affiliated properties.

All users agree to indemnify and hold harmless Owlbee, its contractors, licensors, licensees, agents, affiliates, associates, or partners and their respective directors, officers, employees, trustees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of their use of The Site, including, but not limited to, out of their violation of this agreement.

Owlbee will attempt, whenever reasonably possible, to support technical difficulties with The Site, but in no way guarantees the stability of The Site or its affiliated systems, and accepts no responsibility or liability for any loss resulting from The Site's failure or the failure of any affiliated systems.