Welcome to oktopi.com, a water and snow-sport network committed to delivering dynamic content related to surfing, snowboarding/skiing, fishing/diving boating and beach life. Use of oktopi.com is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of oktopi.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications

By joining oktopi.com, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that oktopi is not responsible for third party access to your account that results from theft or misappropriation of your account. oktopi and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. oktopi does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use oktopi.com only with permission of a parent or guardian.

Termination/Access Restriction

oktopi reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use oktopi.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to oktopi that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Only upload videos that you made or that you're authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal profile pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

oktopi has no obligation to monitor the Communication Services. However, oktopi reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. oktopi reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. oktopi reserves the right at all times to disclose any information as 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 oktopi's sole discretion.

Always use caution when giving out any personally identifying information in any Communication Service. oktopi does not control or endorse the content, messages or information found in any Communication Service and, therefore, oktopi specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized oktopi spokespersons, and their views do not necessarily reflect those of oktopi.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Objectionable Content

oktopi.com prohibits the posting of Objectionable Content, which includes the following:

  • Adult nudity and sexual activity
  • Graphic violence
  • Hate speech
  • Harassment , intimidation and cyberbullying
  • Spam, misleading metadata and scams

Agreement between User and oktopi.com

You agree that no joint venture, partnership, employment, or agency relationship exists between you and oktopi as a result of this agreement or use of the Site. oktopi's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of oktopi's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by oktopi with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

International Users

The Service is controlled, operated and administered by oktopi from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the oktopi Content accessed through oktopi.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Limits on Liability

oktopi works hard to provide the best products and services we can and to specify clear guidelines for everyone who uses them. Our products and services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or , even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

Indemnification

You agree to indemnify, defend and hold harmless oktopi, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. oktopi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with oktopi in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Changes to Terms

oktopi reserves the right, in its sole discretion, to change the Terms under which oktopi.com is offered. The most current version of the Terms will supersede all previous versions. oktopi encourages you to periodically review the Terms to stay informed of our updates.

Privacy Guidelines: Protecting your privacy

If someone has posted your personal information or uploaded a video of you without your consent, you can request that oktopi remove the content. Please contact admin@oktopi.com to initiate a content removal request.

Tips on how to protect your privacy on oktopi:

  • Think carefully before you post personal information. This includes things like the town you live in, where you go to school, and your home address.
  • Protect your account information and don’t share your password with others.
  • Get permission before filming other people or posting their personal information.

How does oktopi determine if content should be removed for a privacy violation?

For content to be considered for removal, an individual must be uniquely identifiable by image, voice, name, personal identification number, bank account number, contact information (e.g. address, email address), or other uniquely identifiable information.

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