These Terms of Service set forth the terms and conditions that apply to your use of OneOC’s website located at http://www.OneOC.org (or successors URLs) and the services and materials offered thereon (collectively, the “OneOC Site”) which are offered to you by OneOC (“OneOC”). Subject to your compliance with these Terms of Service, OneOC grants you permission to use the OneOC Site as set forth below.
PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE ONEOC SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE ONEOC SITE.
A. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD
The OneOC Site is not intended for persons under the age of 13 or for any users suspended or removed from the OneOC Site by OneOC. By using the OneOC Site, you represent that you are at least 13 years of age and have not been previously suspended or removed from the OneOC Site. If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental consent before registering for the OneOC Site. If you have agreed to allow your Minor Child to use the OneOC Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor Child; (b) monitoring such Minor Child’s access to and use of the OneOC Site; and (c) the consequences of any use of the OneOC Site by such Minor Child. If you are using or opening an account on the OneOC Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and that you agree to be bound by these Terms on behalf of such Subscribing Organization.
In order to access some features of the OneOC Site, you will have to create an account. You represent and warrant that the information you provide to OneOC upon registration and, at all other times, will be true, accurate, current and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for logging off of the OneOC Site at the end of each session. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, unauthorized disclosure or use of your account ID or password), you shall immediately notify OneOC. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY ONEOC OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
B. USE OF THE SITE- PERMISSIONS AND RESTRICTIONS
OneOC grants you permission to use the OneOC Site as set forth in these Terms, provided that and so long as (i) you use the OneOC Site solely for your personal, private, noncommercial use unless otherwise agreed to by OneOC; (ii) you do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise exploit any portion of the OneOC Site in any medium without OneOC’s prior written authorization or unless expressly permitted in these Terms; (iii) you do not alter or modify any part of the OneOC Site other than as may be reasonably necessary to use the OneOC Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. You understand that certain portions of the OneOC Site may not be accessible to all users, including but not limited to our online community.
Ownership; Proprietary Rights
As between the parties, the OneOC Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the OneOC Site are owned and operated by OneOC, its affiliates and/or its licensors. Except as expressly authorized by OneOC, you agree not to sell, license, distribute, copy, publicly perform or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the OneOC Site. OneOC reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the OneOC Site, except for the limited rights set forth in these Terms. All trademarks, service marks, and trade names are proprietary to OneOC, its affiliates and/or its licensors and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under these Terms.
D. USER SUBMITTED CONTENT
The OneOC Site provides certain features which enable you and other users to submit, post, share and distribute content with other users, which may include without limitation text, drawings, graphic, audio, video, and pictorial works, or any other content submitted by you and other users through the OneOC Site (“Submitted Content”). You understand that all Submitted Content is the sole responsibility of the person from whom such content originated. This means that you, and not OneOC, are entirely responsible for all Submitted Content and the consequences of uploading, posting or publishing it on the OneOC Site.
Right to Remove or Edit User Submissions
OneOC reserves the right, in its sole discretion, to refuse to allow any Submitted Content on the OneOC Site, or to edit or remove any Submitted Content at any time with or without notice. Without limiting the generality of the preceding sentence, OneOC complies with the Digital Millennium Copyright Act, and will remove Submitted Content upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
Grant of Rights by You to OneOC
By providing Submitted Content to OneOC, you hereby grant OneOC and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable, perpetual license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your Submitted Content in connection with the OneOC Site and OneOC’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the OneOC Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant OneOC, its affiliates, and sublicensees the right to use the name that you submit in connection with such Submitted Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Submitted Content. You also hereby grant to each user of the OneOC Site a non-exclusive license to access your Submitted Content through the OneOC Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Submitted Content as permitted by the functionality of the OneOC Site and these Terms. Except for the limited rights set forth in these Terms, each user retains all right, title, and interest in its Submitted Content.
Your Representations and Warranties Regarding Submitted Content
In connection with your Submitted Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize OneOC to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of your Submitted Content to enable inclusion and use of such Submitted Content in the manner contemplated by OneOC and these Terms and (ii) your Submitted Content, OneOC’s use of such Submitted Content pursuant to these Terms, and OneOC’s exercise of the license rights set forth under these Terms, do not and will not: (a) infringe, violate, or misappropriate any intellectual property or third party proprietary right (including but not limited to any copyright, trademark, patent, trade secret or moral right); (b) slander, defame, libel, or invade the right of privacy, publicity or any other third party right; or (c) violate any applicable law or regulation.
Submitted Content Disclaimer
You understand that when using the OneOC Site you may be exposed to Submitted Content and other third party content that is inaccurate, offensive, indecent or otherwise objectionable. OneOC does not endorse any Submitted Content or any opinion, recommendation or advice expressed therein. Under no circumstances will OneOC be liable in any way for or in connection with the Submitted Content, including, but not limited to, liability for any inaccuracies, errors or omissions in any Submitted Content, any intellectual property infringement with regard to any Submitted Content or for any loss or damage of any kind incurred as a result of the use of any Submitted Content. You agree that you must evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, usefulness, legality of such content or accurate identification of the author (and/ or their affiliation with any third party).
OneOC is pleased to hear from users and welcomes your comments regarding OneOC’s programs and services. However, OneOC’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by OneOC’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If you send comments, suggestions, ideas, feedback, notes or concepts or other materials to OneOC (collectively, “Submissions”), they shall be deemed, and shall remain, the property of OneOC and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in your Submissions to OneOC and disclosure or offer of any Submission shall constitute an assignment to OneOC of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Submission. OneOC may edit, copy, publish, distribute, translate and otherwise use in any medium any Submission that you forward to OneOC and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of your Submission. OneOC is and shall be under no obligation to: (i) maintain any of your or any user’s Submission in confidence; (ii) to pay to you or any user any compensation for any Submission; or (iii) to respond to any of your or any other user’s Submission.
E. USES OF THE ONEOC SITE
Rules for Use of Site
• As a condition of your use of the OneOC Site, you hereby represent and warrant that you will not use the OneOC Site for any purpose that is unlawful or prohibited by these Terms.
• Any use by you of any of the OneOC Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the OneOC Site, use of the OneOC Site, access to the OneOC Site or Submitted Content obtained through the OneOC Site for any purpose other than for your personal, private, non-commercial purposes.
• You agree not to: (i) defame, harass, abuse, threaten, stalk or defraud users of the OneOC Site; or (ii) collect, or attempt to collect, personal information about users or third parties without their consent.
• You agree not to: (i) upload, submit or send to other users of the OneOC Site any pornographic, embarrassing, hateful, abusive, threatening, obscene, vulgar, profane, indecent, racially or ethnically insulting, libelous, fraudulent or otherwise inappropriate content; or (ii) engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling, etc.
• You agree not to intentionally interfere with or damage, impair or disable the operation of the OneOC Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
• You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the OneOC Site, features that prevent or restrict the use or copying of any part of the OneOC Site or features that enforce limitations on the use of the OneOC Site.
• You agree not to attempt to gain unauthorized access to the OneOC Site, or any part of it (including the online community), other accounts, computer systems or networks connected to the OneOC Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper workings of the OneOC Site or any activities conducted through the OneOC Site.
• You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the OneOC Site. You agree neither to modify the OneOC Site in any manner or form, nor to use modified versions of the OneOC Site, including (without limitation) for the purpose of obtaining unauthorized access to the OneOC Site.
• You agree that you will not use any robot, spider, scraper or other automated means to access the OneOC Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the OneOC Site.
• You agree not to utilize framing techniques to enclose any trademark, logo or other materials on the OneOC Site without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing OneOC’s name or trademarks without our express written consent.
• You agree not to make unsolicited offers, advertisements, proposals or send junk mail or spam to other users of the OneOC Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures.
• You agree not to: (i) solicit other users to join, become members of, or contribute money to any online service or other organization; (ii) advocate or attempt to get users to join in legal or illegal schemes; (iii) plan or participate in scams involving other users; or (iv) encourage or provide instruction about illegal activities.
• You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the OneOC Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• You agree not to modify, adapt, translate or create derivative works based upon the OneOC Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with another person or entity.
• You agree not to use any material or information available through the OneOC Site in connection with any site or other use that contains or is associated with information or content prohibited by these Terms.
F. YOUR RELATIONSHIP WITH THIRD PARTIES
Reference Sites and Third-Party Materials
OneOC or third parties may provide links to other sites including the content therein (“Reference Sites”) or may provide third-party materials, media, content, software, services or applications on the OneOC Site (“Third-Party Materials”). OneOC has no control over such Reference Sites or Third-Party Materials, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of such Reference Sites or Third-Party Materials. OneOC provides links or Third-Party Materials to you only as a convenience, and the inclusion of any link or Third-Party Materials on the OneOC Site does not imply our affiliation, endorsement or adoption thereof. Access and use of Reference Sites and Third-Party Materials, including the information, materials, products, and services on Reference Sites or available through Reference Sites, is solely at your own risk. Our terms and policies do not govern your use of any site other than the OneOC Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
You are solely responsible for your involvement with other users of the OneOC Site. OneOC reserves the right, but has no obligation, to monitor disagreements between you and other users. OneOC disclaims all liability related to any user disagreement. If you have a dispute with one or more users, you irrevocably and forever release OneOC (and OneOC’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that OneOC, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the OneOC Site or terminate or restrict your use of the OneOC Site, and may remove and discard all or any part of your account or any Submitted Content or any information stored, sent or received via the OneOC Site, at any time and without prior notice. You further agree that OneOC shall not be liable to you for any such termination. These remedies are in addition to any other remedies OneOC may have at law or in equity and termination, suspension or cancellation of these Terms or your access rights shall not affect such remedies. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to OneOC and its licensors.
If you are dissatisfied with the OneOC Site, please let us know at [email protected] Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the OneOC Site; (ii) any term of these Terms; (iii) any policy or practice of OneOC in operating the OneOC Site; or (iv) any content or information transmitted through the OneOC Site is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the OneOC Site and providing notice of termination at [email protected]
H. DIGITAL MILLENNIUM COPYRIGHT ACT
Notice of Infringing Material
It is OneOC’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and believe that any Submitted Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (indicated below) with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the OneOC Site are covered by a single notification, a representative list of such works from the OneOC Site;
3. 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 OneOC to locate the material;
4. Information reasonably sufficient to permit OneOC 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;
5. 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
6. 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication to our Designated Copyright Agent (indicated below) that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which OneOC may be found, and that the subscriber will accept service of process from the person who provided notification under Section 512(c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
OneOC’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
<Enter Agent Info Here>
email: [email protected]
For clarity, only DMCA notices should go to OneOC’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to OneOC customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
I. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM ONEOC INCLUDES ONEOC’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONEOC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONEOC OR THROUGH THE ONEOC SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“As is” and “As Available” and “With All Faults”
YOU EXPRESSLY AGREE THAT YOUR USE OF THE ONEOC SITE IS AT YOUR SOLE RISK. THE ONEOC SITE, SUBMITTED CONTENT AND ANY THIRD-PARTY MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ONEOC SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ONEOC DOES NOT WARRANT THAT THE ONEOC SITE, SUBMITTED CONTENT OR THIRD-PARTY MATERIALS OFFERED ON, THROUGH OR IN CONJUNCTION WITH THE ONEOC SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR AVAILABLE FOR USE AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ONEOC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONEOC SITE OR ANY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE IN CONJUNCTION WITH OR THROUGH THE ONEOC SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE ONEOC SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE ONEOC SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONEOC SITE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE ONEOC SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
J. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM ONEOC INCLUDES ONEOC’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORTS OR STRICT LIABILITY, SHALL ONEOC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) YOUR USE OR A DELAY OR INABILITY TO USE THE ONEOC SITE OR ANY REFERENCE SITES; (III) ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE ONEOC SITE; (IV) ONEOC’S REMOVAL OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE; (V) THE ONEOC SITE; OR (VI) ANY OTHER INTERACTIONS WITH ONEOC, EVEN IF ONEOC OR A ONEOC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ONEOC SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ONEOC AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ONEOC SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT ONEOC HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ONEOC AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ONEOC. YOU ACKNOWLEDGE AND AGREE THAT ONEOC WOULD NOT BE ABLE TO PROVIDE THE ONEOC SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ONEOC, ONEOC’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE ONEOC SITE; (II) YOUR SUBMITTED CONTENT, INCLUDING ONEOC’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN OR OTHERWISE WITH RESPECT TO YOUR SUBMITTED CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; (VI) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE ONEOC SITE; AND (VII) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY ONEOC. ONEOC RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ONEOC. ONEOC WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
OneOC reserves the right, at our sole discretion and at any time without notice, to change, modify, add or remove portions of the Terms or to modify, add or discontinue any aspect, content or feature of the OneOC Site (including but not limited to the media, web communities, products or services available therein). OneOC may, in its sole discretion, restrict the time of availability of the OneOC Site, restrict the availability or scope of the OneOC Site for certain platforms and/or restrict the amount of use permitted. The content, products, or services on the OneOC Site may be out of date, and OneOC makes no commitment to update these materials on the OneOC Site. Please check these Terms periodically for changes. Your continued use of the OneOC Site after the posting of changes on the OneOC Site constitutes your binding acceptance of such changes. In the event that modifications to the Terms materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the OneOC Site with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on the OneOC Site.
OneOC may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the OneOC Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless OneOC is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide OneOC with notices only by mail to its address as provided below.
Choice of Law; Forum
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the OneOC Site shall be filed only in the state or federal courts in and for San Francisco County, California, except as otherwise agreed by the parties. You hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
Unless otherwise specified, the materials on the OneOC Site are presented solely to provide information regarding and to promote OneOC’s services and other products available in the United States, its territories, possessions and protectorates. The OneOC Site is controlled and operated by OneOC from its offices within the state of California, United States of America. OneOC makes no representation that materials on the OneOC Site are appropriate or available for use outside the United States. Those who choose to access the OneOC Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the OneOC Site is further subject to United States export controls. No software from the OneOC Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the OneOC Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of OneOC but may be assigned by OneOC without restriction. Any assignment attempt in violation of these Terms shall be null and void.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneOC as a result of these Terms or use of the OneOC Site. You further acknowledge that by transferring Submitted Content or other content to OneOC, no confidential, fiduciary, contractually implied or other relationship is created between you and OneOC other than pursuant to these Terms.
Sections A- L will survive any termination of these Terms or your account whether by you or OneOC.
No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and OneOC relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by OneOC as set forth in these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE ONEOC SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by OneOC, located at:
1901 E. 4th Street, Suite 100 Santa Ana, CA 92705
E-mail: [email protected]
Last Updated: July 30, 2010