Terms

These Terms of Use (“Terms”) govern your access to and use of the services of the One Man Can website and any data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, or other materials uploaded, downloaded or appearing on the One Man Can website (collectively referred to as “content”).

Introductory Terms

In order to use the One Man Can website, you must first agree to these Terms. You may not use the One Man Can website if you do not accept the Terms. You can accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by One Man Can in the user interface; or (ii) by actually using the One Man Can website, in which case you understand and agree that One Man Can will consider your use of the One Man Can website as acceptance of the Terms from that point onwards.

You may not use the One Man Can website and may not accept the Terms if (i) you are not of legal age to form a binding contract with One Man Can, or (ii) you are a person barred from accessing the One Man Can website under the laws of the United States or other countries including the country in which you are resident or from which you use the One Man Can website.

You are responsible for your use of the One Man Can website, for any content you post to the One Man Can website, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the One Man Can website and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

The One Man Can website is always evolving and the form and nature of the One Man Can website may change from time to time without prior notice to you. In addition, One Man Can may stop (permanently or temporarily) providing access to the One Man Can website (or any features within the One Man Can website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The One Man Can website may include advertisements, which may be targeted to the content or information on the One Man Can website, queries made through the One Man Can website, or other information. The types and extent of advertising by One Man Can on the One Man Can website are subject to change. In consideration for One Man Can granting you access to and use of the One Man Can website, you agree that One Man Can and its third party providers and partners may place such advertising on the One Man Can website or in connection with the display of content or information from the One Man Can website whether submitted by you or others. You are bound by agreeing to these terms of use to certify you are not under the age of 13 years.

Limitation of Liability

In no event and under no circumstances shall One Man Can, the contributors of information or campaigns on this website, our sponsors, our licensors, or our authorized representatives be liable to you or any other party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use this website or any of the content herein, or your (or any authorized user’s) or any unrelated party’s reliance on or use of information or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the website, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use or the One Man Can Privacy Policy fail of their essential purpose.

Any material downloaded or otherwise accessed through the use of the One Man Can website is done so at your own discretion and risk, and you understand and agree that you are solely responsible for any and all damage to your computer or mobile device, software, operating system, personal data, or any other losses that result, directly or indirectly, from your use of the One Man Can website and/or any content available therein or there from.

Content

By your use of the One Man Can website and/or any content therein, you understand and agree that all content that you may have access to as part of, or through your use of, the One Man Can website, is the sole responsibility of the person from which such content originated. By your use of the One Man Can website and/or any content therein, you understand and agree that content presented to you as part of the One Man Can website may be protected by intellectual property rights which are owned by the persons and/or entities that have provided that content to One Man Can. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by One Man Can or by the owners of that content, in a separate agreement. One Man Can reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the One Man Can website. For some of the content, One Man Can may provide tools to filter out explicit and/or other inappropriate content, which shall be deemed to be such at One Man Can’s sole discretion. In addition, there are commercially available services and software to limit access to material that you may find objectionable, which you may use at your own discretion. By your use of the One Man Can website and/or any content therein, you understand that you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the One Man Can website at your own risk.

By your use of the One Man Can website and/or any content therein, you agree that you are solely responsible for (and that One Man Can has no responsibility to you or to any third party for) any content that you create, transmit or display while using the One Man Can website and for the consequences of your actions (including any loss or damage which One Man Can may suffer) by doing so. Unless you have been expressly authorized to do so in writing by the rightful owner or producer of any content you post or use in conjunction with your use of the One Man Can website, you agree that in using the One Man Can website, you will not use any trade mark, service mark, trade name, logo, or other restricted information of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such proprietary information. Other than the limited license set forth in these Terms, One Man Can acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the One Man Can website, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with One Man Can, you agree that you are responsible for protecting and enforcing those rights and that One Man Can has no obligation to do so on your behalf. You acknowledge and agree that One Man Can (or One Man Can’s licensors) own all legal right, title and interest in and to the One Man Can website, including any intellectual property rights which subsist in the One Man Can website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the One Man Can website may contain information which is designated confidential by One Man Can and that you shall not disclose such information without One Man Can’s prior written consent.

License for Content Use

You retain copyright and any other rights you already hold in content that you submit, post or display on or through the One Man Can website. By submitting, posting or displaying the content, you give One Man Can a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you submit, post or display. This license is for the sole purpose of enabling One Man Can to display, distribute and promote its goals, services, and purposes, and may be revoked by you for certain purposes upon your express, written revocation thereof. You agree that this license includes a right for One Man Can to make such content available to other companies, organizations or individuals with whom One Man Can has or may in the future have relationships for the provision, performance, and pursuit of its services, purposes and goals, and to use such content in connection with those purposes. You understand and agree that One Man Can may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary and appropriate to conform and adapt the content to the technical, legal and organizational requirements and/or needs of One Man Can. You further confirm and warrant to One Man Can that you have all the rights, power and authority necessary to grant license to One Man Can for use of the content you submit in connection with this website.
Exclusive Control of All Content By accessing the One Man Can website and/or using any of the services or content available therein, you understand and agree that One Man Can maintains the exclusive and unimpeded right to control any and all content submitted by you for use in conjunction with the One Man Can website, and any purposes, goals, or intents of the One Man Can organization. You understand and agree that One Man Can may, at any time, remove, edit, censor, redact, exclude, reject, and/or otherwise modify any content you submit, and may do so for any reason, including but not limited to protecting the identities, personal information, confidentiality, reputation, and/or other identifying information of any person or entity that has not expressly consented to the disclosure of such information on the One Man Can website.

Copyrighted Information

It is One Man Can’s policy to respond to notices of alleged copyright infringement by complying with applicable international intellectual property law (including but not limited to the Digital Millennium Copyright Act) and terminating the accounts of repeat infringers. It is our policy to respond to clear notices of alleged copyright infringement. Regardless of the merits of any claim for copyright infringement, we reserve the right to remove and/or disable access to any material that is the subject of an infringement claim, and to further terminate a user’s access to or use of the website. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may either cure the infringing material and/or otherwise make a counter-notification. We may also document notices of alleged infringement on which we act. Please note that, in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Subscriptions

Subscriptions will automatically renew each month. User may cancel their subscription at any time by editing their account information in the Edit Profile area of the website. One Man Can reserve the right to cancel a user’s subscription at any time without notice or reasonable cause. One Man Can reserves the right to change the prices for or the terms and conditions applicable to your Subscription.

Privacy

Any information that you provide to One Man Can is subject to our Privacy Policy, which governs our collection and use of your information. You understand that, through your use of the One Man Can website, you consent to the collection and use (as set forth in the Privacy Policy) of this information according to the terms set forth in the Privacy Policy.
Dispute Resolution
These Terms, and your relationship with One Man Can under these Terms, shall be governed by the laws of the State of Idaho, without regard to any conflict of laws provisions.
If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision may be severed and removed from the Terms, leaving the remaining Terms valid and enforceable.

Legal

Entire Agreement. These Terms are the entire and exclusive agreement between One Man Can and you regarding the use of the One Man Can website, including any content therein but excluding any agreements or arrangements for which you have a separate written agreement with One Man Can, and these Terms supersede and replace any prior agreements between One Man Can and you regarding the use of or content in the One Man Can website. We may revise these Terms from time to time, in our sole discretion, with or without notice to you. By continuing to access or use the One Man Can website after those revisions become effective, you agree to be bound by the revised Terms.
Waiver of Severability. The failure of One Man Can to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Termination. One Man Can may at any time, terminate and remove its legal agreement with you, your account and/or usage of the One Man Can website, and any content or information furnished and/or posted by you in conjunction with your use of the One Man Can website, if: (i) you have breached any provision of these Terms; (ii) One Man Can is ordered or required to do so by any law, rule, regulation or order imposed by a court or governmental body of competent jurisdiction; and/or (iii) the provision of the One Man Can website to you by One Man Can is, in One Man Can’s sole discretion, no longer reasonable, viable, appropriate, acceptable, or otherwise beneficial.