Last Updated: 01/01/2008
These terms and conditions ("Agreement") are a legal agreement between you and Devmasters Corporation ("OnTheRoad") governing your use of the OnTheRoad Service, OnTheRoad content storage and sharing software for personal computers and mobile phones, and the World Wide Web (collectively, Software) and related OnTheRoad services (Services). Read these terms and conditions carefully before installing the Software or using the Services. By clicking on the "I accept" button, or by downloading, installing, or using the Software or Services, you are confirming your agreement to become bound by this Agreement. If you do not agree to be bound by this Agreement, then click on the "I do not accept" button and do not install the Software or use the Services. If there are inconsistencies between this Agreement and information included in off-line materials (such as promotional materials or other software), these terms always control.
You agree that any use of the Software and Services will be entirely at your own risk and at the risk to any content you store on the Services. The Software, Services, and support from OnTheRoad (if any) are provided "as is" and without any warranties, expressed or implied.
OnTheRoad reserves the right to update the Agreement at any time by providing notice on its website. The most current version of the Agreement can be reviewed at www.ontheroad.to/terms. You should check www.ontheroad.to/terms periodically to be sure you are familiar with the current Agreement.
Description of Services
The Services allow you to store, play, and share your personal multimedia files (Content). The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Other users of the service may use it to send comments or other kinds of messages in email, MMS and/or SMS to you. OnTheRoad does not charge you for receiving SMS and MMS messages. We recommend that you check the terms and conditions of your mobile phone service to determine whether your mobile phone service provider charges you for receiving SMS and MMS messages. You can prevent other users of the system from using your Username to send you SMS messages by setting password. You can choose not to allow OnTheRoad to send mobile messages to your username by selecting the appropriate, clearly labeled setting on your account information pages on the OnTheRoad website.
Subject to the terms and conditions of this Agreement, OnTheRoad grants you a non-exclusive, non-sublicenseable license to install and use the personal computer client application of the Software on a personal computer, and the mobile phone client application of the Software on a mobile phone. You may not alter, merge, modify, adapt, or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. If you are using the Software in the United States, you may not export the Software or the computer that it is installed on into any country prohibited by the United States Export Administration Act.
You must not use the Software and you are not licensed to use the Software under any circumstances for competitive evaluation, including developing competing software or services.
In the event that you fail to comply with this Agreement, the license granted to you in this Agreement will automatically terminate, at which time you must immediately uninstall the Software and destroy all copies of the Software.
The Software is licensed and not sold to you by OnTheRoad. OnTheRoad and its licensors retain all right, title, and interest, including all copyright and intellectual property rights, in and to the Software and all copies thereof. All rights not specifically granted to you in this Agreement are reserved by OnTheRoad and its licensors.
Privacy of Personal Information
OnTheRoad policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any OnTheRoad products and services that collect personally identifiable information. You may not register or use the Services if you are under 13 years old. By accepting this Agreement you represent to OnTheRoad that you are at least 13 years old.
Member Account, Password, and Security
If the Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will notify OnTheRoad immediately of any unauthorized use of your account or any other breach of security. OnTheRoad will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may create only one free account. Your account is for your use and you may not share your password or publicize your password. You may not use anyone else's account at any time without the permission of the account holder. OnTheRoad reserves the right, at its sole discretion, to change or remove any user accounts for any reason, including but not limited to, the selection of a user name that includes profanity or is in violation of trademarks.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any OnTheRoad server, or the networks connected to any OnTheRoad server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any OnTheRoad server or to any of the Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information related to OnTheRoad, the Software, any third partys content, or any accounts or passwords through any means not intentionally made available through the Services.
Use of Services
The Services may contain forums, chat areas, communities, file sharing, and other message or communication facilities designed to enable you to communicate with others and share your Content. You agree to use the Services only to post, send, and receive Content that is proper and that you personally own. By way of example, and not as a limitation, you will not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
Upload, or otherwise make available, files that contain images, photographs, video, music or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images, photographs, video, music or other material that is made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another, or that may damage the operation of OnTheRoad software or services.
Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Services.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
You may post images hosted on the Service on other websites. However, pages on other websites which display images hosted on the Service must provide a link back to a page on the Service that displays the image.
OnTheRoad has no obligation to monitor the Services. However, OnTheRoad reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. OnTheRoad reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. OnTheRoad reserves the right at all times to disclose any information as OnTheRoad deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in OnTheRoad's sole discretion. Always use caution when giving out any personal information. OnTheRoad does not control or endorse the content, messages, or information found in any Services and, therefore, OnTheRoad specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction, or dissemination; you are responsible for adhering to such limitations if you download the materials. If you violate these rules or this Agreement, OnTheRoad may permanently terminate your access to the Services.
Materials Provided to / Posted at any OnTheRoad Website
OnTheRoad does not claim ownership of the content or any other materials that you provide to OnTheRoad (including feedback and suggestions) or that you post, upload, input, share, or submit to OnTheRoad through the Services ("Submissions"). However, by posting, uploading, sharing, inputting, providing, or submitting ("Posting") your Submission, you are granting OnTheRoad, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. OnTheRoad is under no obligation to post or use any Submission you may provide and OnTheRoad may remove any Submission at any time in its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to Post the Submissions and for OnTheRoad to use the Submissions as set forth above.
Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
Service Provider: Devmasters s.r.o.
Notification of Claimed Infringement
Full Address of Designated Agent to Which Notification Should be Sent:
130 00 Prague
Czech Republic, Europe
Facsimile Number of Designated Agent: -
Email Address of Designated Agent: dmca@OnTheRoad.to
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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; and
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.
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL NOT RECEIVE A RESPONSE.
OnTheRoad WARRANTS THAT THE MEDIA ON WHICH THE SOFTWARE IS PROVIDED, OR IF PROVIDED ELECTRONICALLY, THE FILE IN WHICH THE SOFTWARE IS PROVIDED, WILL BE UNCORRUPTED FOR 90 DAYS AFTER THE SOFTWARE IS PROVIDED TO YOU (WARRANTY PERIOD). IF THE SOFTWARE FAILS TO MEET THIS WARRANTY AND IS RETURNED TO OnTheRoad IN THE WARRANTY PERIOD, OnTheRoad WILL PROVIDE YOU WITH NEW MEDIA CONTAINING THE SOFTWARE OR A LINK TO A WEB PAGE ALLOWING YOU TO DOWNLOAD A NEW ELECTRONIC FILE CONTAINING THE SOFTWARE, AS APPLICABLE. THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND ONTHEROADS SOLE AND EXCLUSIVE LIABILITY FOR THE SOFTWARE AND SERVICES.
EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND OnTheRoad AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. OnTheRoad DOES NOT WARRANT THAT THE SOFTWARE AND SERVICES ARE ERROR-FREE OR THAT THE SOFTWARE AND SERVICES WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN POST 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OnTheRoad, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.
Limitation of Liability
NEITHER OnTheRoad NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS YOUR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND SERVICES OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF OnTheRoad OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OnTheRoad'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $15 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND SERVICES THAT CAUSED THE DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.
The warranty disclaimer, exclusive remedies, and limited liability set forth above are fundamental elements of the basis of the agreement between OnTheRoad and you. OnTheRoad would not be able to provide the Software to you on an economic basis without these limitations and they are an essential basis of the bargain in this Agreement.
OnTheRoad has the right to terminate or cancel your membership to the Services at any time. The cancellation of your membership or a particular subscription is your sole right and remedy with respect to any dispute with OnTheRoad. This includes, but is not limited to, any dispute related to, or arising out of: (a) any term of the Agreement or OnTheRoad's enforcement or application of the Agreement; (b) any policy or practice of OnTheRoad, or OnTheRoad's enforcement or application of these policies; (c) the Content available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any OnTheRoad billing methods.
OnTheRoad, in its sole discretion, may terminate your membership and remove and discard any of your Content within the Services without notice, for any reason, including, without limitation, if OnTheRoad believes that you have violated or acted inconsistently with the Agreement. OnTheRoad will not be liable to you for termination of your membership to the Services.
This Agreement is governed by the internal laws of the Czech Republic, without giving effect to principles of conflict of laws.
If you provide any feedback or suggestions to OnTheRoad regarding the Software, Services, or other OnTheRoad products, you hereby grant OnTheRoad a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into OnTheRoad products.
This Agreement contains the complete agreement between you and OnTheRoad with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any varying or additional terms contained in any purchase order or other written notification or document will be of no effect. The failure or delay of OnTheRoad to exercise any of its rights under this Agreement or upon any breach of this Agreement will not be deemed a waiver of those rights or of the breach. No OnTheRoad dealer, agent, distributor of the Software, or employee is authorized to make any amendment to this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
OnTheRoad.To and other trademarks contained in the Software and Services are trademarks or registered trademarks of OnTheRoad. Any third party trademarks, trade names, product names, and logos contained in the Software are the trademarks of their respective owners. You may not remove or alter any trademarks, trade names, product names, logos, copyrights or other proprietary notices, legends, symbols or labels in the Software and Services. This Agreement does not authorize you to use OnTheRoad's or its licensors' names or respective trademarks.