Terms and Conditions
Welcome to OTH Online Private Limited ("OOPL"). OTH Online Private Limited ("OOPL", "we" or "us" as the case may be) provides the Service (defined below) to you, subject to the following Terms of Service ("Service Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Service Terms at any time at: www.olivetheory.com
In addition, when using particular OOPL services or third party services, you and OOPL shall be subject to any posted guidelines or rules applicable to such services as may be posted at the relevant time. All such terms, are incorporated by reference into the Service Terms. In most cases the terms are specific to a particular part of the Service and will assist you in applying the Service Terms to that part, but to the extent of any inconsistency between the Service Terms and any guide or rule, the Service Terms will prevail. We may also offer other services from time to time that are governed by different Terms of Services, in which case the Service Terms do not apply to such other services if and to the extent expressly excluded by such different Service Terms. All the services offered through the website are available only in India.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site. If you wish to purchase any item through the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right at any time, with or without cause, to:
change the terms and conditions of this Agreement;
change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or deny or terminate your use of and/or access to the Website.
1. PERMITTED USE OF SERVICES AND INFORMATION
The users shall not post content that infringes on the copyright of others. We do not encourage in any manner sharing/posting of content by users/members of which the users/members do not possess the copyright.
Protecting Copyrights and other Intellectual Property
Olive Theory respects the intellectual property of others and requires that the users and members do the same. You may not upload, embed, post, email, transit or otherwise make available any content that infringes any copyright or other proprietary rights of any person or entity.
You shall not modify, adopt, alter, copy, or create derivative or identical works from the copyrighted material of others or any portion thereof.
You shall further not remove or alter any copyright or other proprietary symbols or labels in the copyrighted material of others or any portion thereof. You further hereby expressly authorize us to remove any such content that in our opinion infringes upon the copyright of others.
Notification/Notice of Infringement by Copyright Owner
If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under the copyright law, and believe that your work has been copied and posted through and/or on our website in a way that constitutes copyright infringement, you may please report the alleged copyright by writing to us via a Infringement Notice Form (hereinafter referred to as the “Notice”), where you can notify us of your complaint. Upon receipt of the Notice as described above, Olive Theory shall take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged/disputed material from the website.
Termination in the event of Infringement
It is the policy of Olive Theory to terminate and/or deactivate the account of the users, in appropriate circumstances, who repeatedly or substantially infringe upon the copyright of others.
The services made available on, by or through the Website, which include or may include, without limitation, olivetheory registration, marketplace for third-party products and services, MySpace , message boards and involvement in OOPL events (collectively, the "Services"), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the written consent of OOPL, no Information or any other materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.
OOPL permits you to view and print a reasonable number of copies of web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that :
you retain all trademark, copyright, and other proprietary notices contained in the original materials, you provide attribution to OOPL, the material is displayed in its entirety without modification, reformatting or adaptation of any kind, and
any such copies are subject to the terms and conditions of this Agreement and remain the property of OOPL. You understand and agree that you may not authorize any information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise OOPL promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of OOPL or others.[Note: Client to confirm the contents of the Paragraph, the same relate to permissions granted to the visitor of the Website to take the Print Outs, Download Pictures etc.]
2. CHARGES AND PAYMENTS
Membership on the Site is free. OOPL does not charge any fee for browsing, bidding and buying on the Site. Before you purchase any item for sale on the Site, we request you to review our Payments and Credit Policy which is hereby incorporated by reference into these Service Terms. OOPL reserves the right to change its Payment and Credit policies from time to time. In particular, OOPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event OOPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all amounts shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. OOPL reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to OOPL. OOPL also reserves the right to take legal action in case of non-payment of any amounts due to OOPL. You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services.
3. METHOD OF PAYMENT
The following method of payments are available for purchases from OOPL: We have tied-up with a leading international secure payment gateway service provider to enable the purchased through all leading credit cards, debit cards and direct transfer from banks. A customer can opt for payment either through credit card, Debit card or bank transfer using the online interface provided on the website.
4. DISCLAIMER OF SHIPPING CHARGES
No shipping charges are currently levied for shipping across India. All International orders will require additional shipping charges which will be communicated by customer care team before confirming the order. We reserve the rights from time to time to modify or discontinue current free shipping to chargeable with or without intimation issued to you and shall not be liable in any way to you on to a third party for any changes, Suspension of the shipping charges .
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OOPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OOPL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your account. You agree to
immediately notify OOPL of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. OOPL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. PROFESSIONAL ACCOUNTS
Vendors, experts and professionals may elect to register with OOPL as a expert and create a expert profile on OOPL. Subject to and conditioned on compliance with all of the terms of this Agreement, such users are permitted to use the expert account/profile features offered by OOPL to promote their business. All such OOPL expert features are subject to discontinuance or change at any time. All of the terms and conditions of this Agreement apply to your use of any such expert account and profile, including without limitation, maintaining profile information, uploading or other posting of Content, posting of Reviews, use of OOPL buttons, links and widgets, and indemnification obligations.
9. CONTRIBUTIONS TO OOPL
As part of your use of the Website, you may participate in certain MySpace, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to save to your own MySpace section, post photos or comments, send any messages, submit any ideas or feedback, or otherwise participate in any OOPL forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to OOPL you agree and warrant that:
Suggestions do not constitute confidential or proprietary information of any person;
OOPL is not under any confidentiality obligations with respect to the Suggestions or any portion thereof; OOPL shall be entitled to use or disclose the Suggestions for any purpose, in any way, in any media worldwide; Suggestions shall become the property of OOPL without any obligation to you; and you are not entitled to any compensation or reimbursement of any kind from OOPL under any circumstances
10. INDEMNITY OOPL
acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to OOPL in the paragraph above, and that no ownership of such copyrights is transferred to OOPL under these terms. Further, with respect to Content in the form of photos, and subject to OOPL product and user experience considerations
OOPL will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and
OOPL will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for OOPL Business Purposes.
“OOPL Business Purposes” means any use in connection with aOOPL-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes OOPL, or its affiliates.
By posting or providing any Content on the Website, you represent and warrant to OOPL that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
OOPL may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Website (your “Reviews”). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are
an employee, contractor, officer or director of the vendor and/or service provider;
an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or
related to the vendor and/or service provider in any way, including blood, adoption or by marriage
By posting a Review, you acknowledge and agree that such Content:
is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
s accurate, truthful and complete.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.
You agree to indemnify and hold OOPL, its suppliers, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, violation by you of the Service Terms, or violation by you of any rights of any other person, or your breach of any applicable law.
You agree to fully indemnify, defend, and hold OOPL, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:
your breach of this Agreement, including but not limited to the Acceptable Use Policy;
any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
your activities in connection with the Website or other websites to which the Website is linked; and/or
your negligence or willful misconduct.
11. MODIFICATIONS TO SERVICE
OOPL reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason whatsoever, whether generally or limited to you only. Notice of such modification or discontinuation may or not may not be issued to you. OOPL shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that OOPL, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, for lack of use or if OOPL believes that you have violated or acted inconsistently with the letter or spirit of the Service Terms. OOPL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof. Termination of your access to the Service may be effected without prior notice to you, and you acknowledge and agree that OOPL may immediately bar any further access to such files or the Service. Further, you agree that OOPL shall not be liable to you or any third-party for any termination of your access to the Service.
This Agreement is effective from the date that you first access the Website or submit any information to OOPL, whichever is earlier, and shall remain effective until terminated in accordance with its terms. OOPL may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all OOPL rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate OOPL to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
13. DEALINGS WITH THIRD PARTIES
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
You may be provided the opportunity to purchase products and services offered and sold by third parties (“Products”) through the Services. The information provided for any Product listing is provided by OOPL’s third-party vendors, and, while we require vendors to provide complete, accurate and non- misleading Product information, we do not represent, warrant or guarantee that such Product descriptions are accurate, complete, reliable, current, or error-free, and we are not responsible for, and disclaim any liability arising from or relating to, such Product listing information. All purchases of Products made by you through the Services are a direct sale and purchase between you and the applicable vendor. OOPL is not a party to such transaction, and only facilitates the transaction between you and the vendor by providing a marketplace for the marketing, offering and sale of Products. Payments for Products transacted through the Service will be remitted to the vendor, and the vendor will be solely responsible for fulfilling and shipping your order, providing related customer support and warranty service and processing returns and exchanges. The Services will facilitate your communication with the vendor for the purpose of making return, exchange or warranty requests or making claims for non-delivery, damaged goods or items not as described in accordance with any applicable terms or policies in the Product listing. In addition, the Services may alert you to any Product issues or recalls of which the vendor notifies OOPL. OOPL does not provide any warranty on any of the Products, whether express or implied, and does not assume, and hereby disclaims, any responsibility or liability for the actions or inactions of the third-party vendors of such Products, or for the Products offered, sold or provided by, any third party through the Service.
Descriptions or images of, or references to, third-party Products or publications on the Website do not imply our endorsement of such Products and publications, and we are not responsible for, and disclaim any endorsement of, any such Product or publication. Reviews are solely the opinions of the users that post them and none of the Reviews contain or reflect any opinions or views of OOPL.
14. THIRD PARTY LINKS
The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that OOPL has no control over such sites and resources, you acknowledge and agree that OOPL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OOPL shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. OOPL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
The Website is owned and operated by OOPL and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of OOPL and its licensors and suppliers. The Information and Services are protected by Indian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by OOPL or, if so indicated in writing by OOPL, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of OOPL, OOPL licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of OOPL, OOPL licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.
16. DISCLAIMER OF WARRANTIES
Your accessing or use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
OOPL and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that:
The service will meet your requirements. The service will be uninterrupted, timely, secure, or error-free. The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable. The service will be accessible at any time or at all times via the channel selected or used by you. The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations.
Any errors in the software will be corrected
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:
The service, the materials and the products.
The use or the inability to use the service
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on the service
Any goods or services disposed of or messages sent or received using the service or
Any other matter relating to the service, the materials or the products
You acknowledge that the disclaimers and exclusions of liability set forth in this Agreement represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read this Sections carefully. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. OOPL and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree not to use the Information, Services or the Website to take any action or actions that:
are contrary to OOPL's public image, goodwill or reputation;
infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
"frame" or "mirror" any part of the Website without our prior written authorization;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of OOPL or its licensors or suppliers;
involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
harvest or collect information about any Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
OOPL MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS ON THE WEBSITE, AND OOPL SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Service Terms, there shall be no third-party beneficiaries to these Service Terms.
18. NOTICE Notices
to you may be made via either email or regular mail. The service may also provide notices of changes to the Service Terms or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
19. TRADEMARK INFORMATION
OOPL, OOPL logo and other OOPL logos and product and service names are trademarks of OTH Online Private Limited.("OOPL Marks"). Without OOPL’s prior permission, you agree not to display or use in any manner the OOPL Marks.
20. CLAIMS OF COPYRIGHT INFRINGEMENT The Indian Law provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Indian copyright law. OOPL also reviews claims of trademark infringement. If you believe in good faith that materials hosted by OOPL infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
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 or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Website are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow OOPL to locate the material on the Website;
the name, address, telephone number, and email address (if available) of the complaining party;
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 or trademark 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. Please be advised that OOPL will not respond to complaints that do not meet these requirements. If OOPL determines that the materials alleged to infringe your copyright or trademark rights do not require removal, OOPL will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Indian Law permits you to send us a counter-notice. Counter-notices must include the following information:
your name, address, and telephone number;
the source of the content that was removed;
a statement under penalty of perjury that you have a good faith belief that the content was removed in error;
a statement that you consent to the jurisdiction of High Court for the judicial district in which your address is located, or if your address is outside of India, for any judicial district in which OOPL may be found, and that you will accept service of process from the person who provided the original complaint; and
a physical or electronic signature (for example, typing your full name).
21. RIGHTS OF THIRD PARTIES
You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of Sections 13 and 14. You also acknowledge that our co-branders and other partners are intended to be third party beneficiaries of Sections 13 and 14. You agree that our licensors, suppliers, vendors, our parent, holding, subsidiary and related companies, all affiliates, our officers, agents and employees, and our co-branders and other partners may each enforce, severally and in its own right, to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.
22. GENERAL INFORMATION
Entire Agreement.The Service Terms constitute the entire agreement between you and OOPL and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The Service Terms do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
23. MODIFICATION OF SERVICE TERMS
OOPL may modify the Service Terms from time by notifying you of the same. The modified Service Terms shall come into effect immediately upon the same being posted on www.olivetheory.com and the same being e-mailed to you at the e-mail address provided by you. You may avail of the Service after the modification comes into effect only after acceptance of the modification to the Service Terms by you.
24. GOVERNING LAW AND JURISDICTION
The Service Terms and the relationship between you and OOPL shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and OOPL agree to submit to the personal and exclusive jurisdiction of the courts located at Mumbai, India. OOPL makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
25. WAIVER AND SEVERABILITY OF TERMS
The failure of OOPL to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision. If any provision of the Service Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Service Terms remain in full force and effect.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by OOPL as provided herein or otherwise by written instrument signed by OOPL. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sub-licensable by you except with OOPL's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. OOPL may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
26. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your OOPL account is non-transferable and any rights to your OOPL ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. The section titles in the Service Terms are for convenience only and have no legal or contractual effect.
27. LIMITATION OF LIABILITY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER OOPL NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER OOPL NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE.
28. OOPL PRIVATE POLICY
29. OOPL PRIVACY GUARANTEE
OOPL promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. However OOPL will use the data to send promotional offers of products on www.olivetheory.com and/or products or services of its affiliates or partners. From time to time we may reveal and disclose to third parties general information about our Web site and visitors, such as number of visitors, profiles of visitors and other demographic information number and type of goods and services purchased, etc.
When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose.
We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address.
If you choose buy on the Site, we collect information about your buying behavior. We also collect other users' comments about you in our feedback area.
If you register for the Site on another web site or use a web site providing a service for OOPL or a web site that helps facilitate your activity on the Site, that web site may provide personal information about you and your transactions back to us.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.
Children and minors (Under the age of 18) cannot make any transaction on our website. To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on olivetheory, your olivetheory ID and Password are required in order to access your profile information.
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies.