The following terms and conditions govern all use of the OrangeOasis.com website and all content, services and products available at or through the website (the "Website"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OrangeOasis's Privacy Policy) and procedures that may be published from time to time on this Site by OrangeOasis (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OrangeOasis, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your OrangeOasis Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You also understand and agree that usage of the Website may include certain communications from OrangeOasis, such as service announcements and administrative messages, and that these communications are considered part of the Website's services and you will not be able to opt out of receiving them.
2. Your Privacy. OrangeOasis will not disclose any information contained in your registration or related data to any third parties, except when specifically authorized by you or when such action is reasonably necessary to comply with the law, legal process, to enforce the Agreement, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy.
3. Your Responsibility. You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OrangeOasis, are entirely responsible for all Content that you upload, post or otherwise transmit on the Website.
OrangeOasis does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website's services, you may be exposed to Content that is offensive, indecent or objectionable.
4. Your Conduct. You agree to not use your account to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) harm minors in any way; (f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through your account; (h) interfere with or disrupt the Website's services or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; (j) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
5. Copyrights. OrangeOasis respects the intellectual property of others and we ask our users to do the same. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of OrangeOasis or others, we may, in our discretion, terminate or deny access to and use of the Website.
6. Intellectual Property. This Agreement does not transfer from OrangeOasis to you any OrangeOasis or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OrangeOasis. Your use of the Website grants you no right or license to reproduce or otherwise use any of OrangeOasis's or third-party intellectual property.
7. Changes. OrangeOasis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OrangeOasis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. OrangeOasis may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OrangeOasis account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. DISCLAIMER OF WARRANTIES. The Website is provided "as is". OrangeOasis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OrangeOasis nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. LIMITATION OF LIABILITY. In no event will OrangeOasis, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OrangeOasis under this agreement during the twelve (12) month period prior to the cause of action. OrangeOasis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Indemnification. You agree to indemnify and hold harmless OrangeOasis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. General Information The Agreement constitute the entire agreement between you and OrangeOasis and govern your use of the Website, superceding any prior agreements between you and OrangeOasis (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use affiliate or other OrangeOasis services, third-party content or third-party software.
The Agreement and the relationship between you and OrangeOasis shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and OrangeOasis agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore.
The failure of OrangeOasis to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.