IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS IN RESPECT OF YOUR USE OF THIS WEBSITE OR MOBILE APPLICATION (THE "SERVICE"). Access to and use of the Service is provided by Open Management Ltd ("OML", "us" or "we") subject to the following terms (the "Terms" or "Agreement"):
- REGISTRATION: When accessing certain of the products or services available on the Service, you may be asked to provide account details including without limitation a valid e-mail address, your full name and a billing address. It is a condition of use of the Service that all the details you provide will be correct, current, and complete. If OML believes the details are not correct, current, or complete, we have the right to refuse you access to the Service or any of its resources.
COPYRIGHTS AND TRADEMARKS: The Service and all materials incorporated on the Service (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under the laws of the EU and other countries. Some of the titles, characters, logos or other images incorporated by OML on the Service are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks") owned by OML. All other trademarks are the property of their respective owners. Use of the Trademarks of OML or of any other party is not authorized in any manner other than as incorporated into the Service.
INFRINGEMENT NOTICE: If you believe that any content appearing on the Service has been copied in a way that constitutes copyright infringement under the laws of the EU, please forward the following information to the contact details listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
RESTRICTIONS ON USE OF MATERIALS:
- You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service, except that you may access and display material and all other content displayed on the Service for non-commercial, personal, entertainment use on a single computer or device only. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by OML in any part of the Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited.
- Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited, save to the extent permitted by law.
OML respects the intellectual property rights of others and asks users of the Service to do the same.
NO RELIANCE ON INFORMATION
THE CONTENT ON THE SERVICE IS PROVIDED FOR GENERAL INFORMATION ONLY. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION AND CONTENT ON THE SERVICE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE INFORMATION AND CONTENT ON THE SERVICE IS ACCURATE, COMPLETE OR UP-TO-DATE AT ANY TIME.
LIMITATION OF LIABILITY:
(A) NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
(B)IF YOU ARE A BUSINESS:
(I) TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
(II) IN PARTICULAR WE WILL NOT BE LIABLE FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE; AND
(III) WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
(C) IF YOU ARE A CONSUMER: (I) PLEASE NOTE THAT WE ONLY PROVIDE THE SERVICE FOR YOUR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSES; (II) SUBJECT TO SECTION 7(A), WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS AGREEMENT OR OUR NEGLIGENCE BUT WE ARE NOT RESPONSIBLE FOR ANY UNFORESEEABLE LOSS OR DAMAGE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME WE AND YOU ENTERED INTO THIS AGREEMENT; AND (III) NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, PLEASE NOTE THAT AS A CONSUMER YOU HAVE STATUTORY RIGHTS IN RESPECT OF THE PROVISION OF GOODS AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT YOUR STATUTORY RIGHTS. (D) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
- USE OF, OR INABILITY TO USE, THE SERVICE; OR
- USE OF OR RELIANCE ON ANY PRODUCT OR CONTENT DISPLAYED ON THE SERVICE, INCLUDING ANY USER CONTENT (AS DEFINED IN SECTION 10(B) AND WHICH INCLUDES USER CONTENT UPLOADED BY YOU).
SUBMISSIONS AND POSTINGS:
OML does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by OML staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send OML any unsolicited submissions.
- From time to time, areas on the Service may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any Additional Terms which appear elsewhere on the Service to govern the Invited Submissions, since they will affect your legal rights. If no Additional Terms govern the Invited Submissions, then this Agreement will apply in full to any Invited Submissions you make. Please also be aware that any Invited Submissions you may make will not be acknowledged and the act of providing Invited Submissions does not create a fiduciary or other special relationship between you and OML, or any of its affiliates, agents, licensees, successors or assigns or place OML or any of its affiliates, agents, licensees, successors or assigns in a position that is any different from the position held by members of the general public.
- You acknowledge and agree that neither OML nor any of its affiliates, agents, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Invited Submissions, and that OMLB and its affiliates, agents, licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions.
- To the extent that use of the Service provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that OML does not screen, edit, or review Postings prior to their appearance on the Service or elsewhere, and Postings do not necessarily reflect the views of OML.
- To the fullest extent permitted by applicable laws, OML excludes all responsibility and liability for any Postings or for any losses or expenses resulting from their use and/or appearance on the Service or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.
- In any event, no material you send to us will be treated as confidential.
RULES OF CONDUCT:
- Please act responsibly when using the Service. You may only use the Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Service. You may not collect or store personal data regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. Subject to applicable law, you agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by OML) or privately transmitted on or through the Service are the sole responsibility of the sender, not OML, and that you are responsible for all material you upload, post or otherwise transmit to or through the Service.
OML requires that you do not submit any Invited Submissions or Postings or otherwise make available on the Service any content, or act in a way, which in our opinion:
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Service;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
- copies any other pages or images on the Service except with appropriate authority;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
- disobeys any policy or regulations established from time to time regarding use of the Service or any networks connected to the Service; or
- contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.
- In addition, unless otherwise permitted by OML, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by OML anywhere on the Service (e.g., on any web space made available for your use).
USE OF SUBMITTED CONTENT:
OML will consider anything you provide to OML and/or contribute to the Service as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on the Service (see "Submissions and Postings" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
- Subject to the provisions of any Additional Terms, by posting or uploading any content to the Service and/or providing any communication or material to OML ("User Content"), you automatically and irrevocably:
- grant to OML a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use the User Content throughout the world, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by OML and/or by any person authorized by OML, by any means and subject to applicable law, in all media now known or hereafter devised, in whole or in part, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- waive all moral rights and/or (subject to applicable law in your jurisdiction) rights to be names as author in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
- warrant that you are the owner of the User Content and entitled to enter into this Agreement and that our use of the User Content will not infringe the rights of any third party; and
- confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that OML shall not be liable for any use or disclosure of such User Content.
MODERATION/MONITORING: OML shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on the Service. OML shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to the Service. Without limiting the foregoing, OML shall have the right to remove any material that OML, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION: We may terminate your use of the Service, at any time if you fail to comply with these Terms or any Additional Terms or due to reasons beyond our control, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
THIRD PARTY SITES, ADVERTISING AND SPONSORS:
- The Service may link you to other sites on the "Internet". These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of OML, and you acknowledge that (whether or not such sites are affiliated in any way with OML) OML is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by OML or any association with its operators.
- Any area of the Service that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
- The inclusion of any advertising or any sponsorship material on the Service does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.
- You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Service.
- You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
RESPONSIBILITY FOR LOSS:
- If you are a business, you agree to indemnify and hold harmless OML, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or, if you have registered for certain services available through the Service, from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. This section does not apply to you if you are a consumer.
- If you are a consumer, you agree that you will be responsible and liable to:
(I)OML; and (II) subject to applicable law in your jurisdiction, OML’s directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, in respect of all reasonable losses, expenses, damages and costs resulting from your material breach of any of the foregoing provisions, representations or warranties, or any material breach by you of the terms of this Agreement. We reserve the right to take over the exclusive defence of any claim in respect of which you are responsible and/or liable to us under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
SEVERABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
ELECTRONIC SIGNATURE: As an accountholder, your use of the Service may enable you to enter into agreements electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Service.
CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL: We shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by circumstances beyond our reasonable control, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other circumstance beyond our reasonable control.
- These Terms shall be governed and construed in accordance with English law, provided that, in accordance with Section 7(d)(ii), nothing in these Terms shall exclude mandatory consumer protection rules applicable in your country of residence.
- If you are a business, all disputes arising under or in connection with these Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
- If you are a consumer, all disputes arising under or in connection with these Terms (including non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the English courts or, if you are a resident in the European Union and it is a mandatory requirement of local law that you may refer any such dispute to the courts of your country of residence, your country of residence. In addition, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of Scotland, you may also bring proceedings in Scotland.
- For information regarding the European Commission's new online dispute resolution platform, please see http://ec.europa.eu/consumers/odr/.
EXPORT CONTROL: You may not use or otherwise export or re-export any software associated with the Service except as authorized by the laws of the EU and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported into any countries embargoes by the United Kingdom or Republic of Ireland or to any persons listed as prohibited under applicable law or regulation.
MISCELLANEOUS: These Terms cannot be changed or terminated orally. Any failure of OML to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by OML of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of OML. OML may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of OML. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. OML reserves the right to deny access to all or part of the Service to you or any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities.
If you have any queries regarding the Service or these Terms please contact: firstname.lastname@example.org
IF YOU DO NOT ACKNOWLEDGE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.
Effective Date: December 2020
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