Your use of the Site is also subject to our
Privacy Policy. Therefore, please also review the Privacy Policy carefully
prior to using the Site. In the event that there is any conflict between the
provisions within these Terms of Use and the provisions within the Privacy
Policy, the provisions of the Privacy Policy will apply.
Processing and Disclosure of Information
We want to ensure all users of the Site
that the information collected is processed and disclosed in line with these
Terms of Use and the Privacy Policy. In addition to considering the provisions
of these agreements, we ask that you review the below terms, which apply to the
processing and disclosure of information collected via the Site.
The information that you provide to the
Site will be added to our database. In the course of processing your
information, information may be shared with third party service providers for
the purposes outlined within these Terms of Use. Situations in which Ohanila
may disclose your information to third parties include:
when we have received your consent to do
so;
in situations where sharing or disclosing
your information is required in order to offer you services requested by you;
when companies or service providers that
perform business activities on behalf of Ohanila require such information
(e.g., customer support services, payment processing services, or database
management services);
to comply with legal or regulatory
requirements or obligations in accordance with applicable law or court order;
in order to provide information that will
enable us to make our services and those of our trusted partners more
effective;
to third parties as part of any corporate
reorganization process including, but not limited to, mergers, acquisitions,
and sales of all or substantially all of our assets; or
to protect against potential fraud, we may
verify with third parties the information collected from the Site.
If information is shared as mentioned
above, we seek to limit the scope of information that is furnished to the amount
necessary for the performance of the specific function. Unless otherwise
required, we attempt to ensure third parties protect your information and abide
by applicable privacy laws and regulations. For more information regarding our
use and sharing of the information you provide on this Site, please visit our
Privacy Policy.
Implied Permission
Please note that, while Ohanila may seek
your consent regarding certain uses of your information, it may not do so in
all instances. For example, in some cases your permission will be implied from
the nature of the service requested or transaction undertaken. For instance,
Ohanila may disclose your information to mail carriers or credit card
processors in order to provide a product or fulfill a service to you. In
instances like this, because the use of your information is necessary to
complete the service, your permission for these uses is implied.
Your Choices Regarding Communications
As a user of the Site, you may receive
communications, via email, mail, and possibly by phone, related to the
information and services provided through the Site. You will have the ability
to unsubscribe from certain communications from Ohanila. For example, some
email messages may be more commercial in nature, such as alerts or personalized
updates, company announcements or website updates. For these types of
communications, we will provide you the opportunity to exercise an opt-out or
unsubscribe choice if you do not want to receive these types of communication
from us. However, doing so may cause you to be uninformed about information
provided on the Site. We will process your unsubscribe as soon as possible, but
please be aware that in some circumstances you may receive a few more messages
until the unsubscribe is processed.
Users may not be able to opt-out or
unsubscribe from other types of communications. For example, we may use your
email address to confirm your request, to send you notice regarding your
transaction, and to send notices and other disclosures as required by law.
Generally, users cannot opt-out of these communications, but they will be
primarily informational in nature rather than promotional.
Use of and Comments to Material
If you disagree with any material you find
on the Site, we recommend that you respond by noting your disagreement in an
appropriate site forum where there is one. We also invite you to bring to our
attention any material you believe to be factually inaccurate by contacting us
through Contact us page.
The material that appears on the Site is
for informational purposes only. Despite our efforts to provide useful and
accurate information, errors may appear from time to time. Before you act on
information you've found on the Site, you should confirm any facts that are
important to your decision. Ohanila and its information providers make no
warranty as to the reliability, accuracy, timeliness, usefulness or
completeness of the information on the Site. Ohanila is not responsible for and
cannot guarantee the performance of goods and services provided by our
advertisers or others to whose sites we link. A link to another website does
not constitute an endorsement of that site (nor of any product, service or
other material offered on that site) by Ohanila or its licensors.
Product Availability and Pricing
Due to product demand and changes in
product availability, including as a result of our discontinuing certain
products as determined by us in our discretion, product availability through
Ohanila is not guaranteed. This applies even for products that you may have
purchased previously through Ohanila. You can contact a customer service
representative through the Contact Us page to determine product availability.
Prices for products offered through Ohanila
are subject to change as determined by us in our discretion. Such pricing
policy applies to all products, including products that you may have purchased
previously through Ohanila.
Shipments and Applicable Duties and
Taxes
Depending on the country to which you
instruct us to ship your order, your order may be subject to import taxes,
customs duties and fees and/or other similar types of governmental taxes,
duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes,
irrespective of when you are billed or charged for Duties and Taxes. We have no
control over these charges as customs policies vary widely from country to
country. When you place an order for which Duties and Taxes are applicable, the
calculation of the Duties and Taxes payable by you may not occur until after
you have placed your order. This means that the first time you learn about the
amount of the Duties and Taxes charged to you may not be until you receive your
credit card statement or your receipt from us with your shipment. In some
cases, the calculation of Duties and Taxes may cause a shipping delay beyond
our original delivery estimates.
General Return Policies
1. Contact our Customer Service to initiate
the return process within 7 days upon receiving your item(s).
Please note that we only accept products in
their original condition, and we cannot process any products that are returned
without our prior knowledge. If you wish to return any or all parts of your
order, you will need to contact customer service at Contact Us and obtain a
"Product Return" form that must be included with your package. All
the return item(s) will go through inspections. We will process the refund when
we get the returned package and confirm that the product has the problems
mentioned.
2. Mis-shipped products: Once we have
confirmed your mis-shipped items (item shipped different from item ordered), we
will be responsible for the item exchange and postage. You may also return the
product and get a full refund including postage.
3. Color Errors: If the color of the item
received is not what was ordered, you are qualified to get a full refund.
4. This return policy does not apply to our
business resellers. Please contact us for additional instructions.
Notice and Procedure for Making Claims
of Copyright Infringement
Notifications of claimed copyright
infringement must be sent to Service Provider on [email protected]
To be effective, the notification must be a
written communication that includes the following:
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 at a single online site are covered by a
single notification, a representative list of such works at that 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 us to locate
the material;
4. Information reasonably sufficient to permit
us 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.
We may give notice to our users by means of
a general notice on any of our websites, electronic mail to a user's e-mail
address in our records, or written communication sent by first-class mail to a
user's physical address in our records. If you receive such a notice, you may
provide counter-notification in writing to the designated agent that includes
the information below. To be effective, the counter-notification must be a
written communication that includes the following:
1.
Your physical or electronic signature;
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 from you, under penalty of perjury, that you have a
good-faith belief that the material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled;
User Generated Content
From time to time, we may permit you to
submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms
and conditions: For good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, you grant Ohanila, Ohanila’s joint venture partners, vendors,
distributors, and the parents, affiliates, subsidiaries, agents, licensees,
successors and assigns of all of the foregoing (collectively, "Ohanila Parties")
a non-exclusive, perpetual, royalty-free, fully paid up license to make use of
and distribute your UGC submitted hereunder, as well as your name, voice,
likeness and appearance therein (if any) and the personally identifying
information you provide on or in connection therewith (collectively, the
"Submission"), as further described below. You acknowledge and agree
that you shall not be entitled to share in any revenue that the Ohanila Parties
may or may not earn or generate through its use of your Submission.
Ohanila Parties' Right to Use Your
Submission. You grant the Ohanila Parties the non-exclusive right to edit in
any manner, and to use and distribute and license others to use and distribute,
your Submission, or any portions, reproductions or versions thereof, on the
websites, products and/or services (in any and all media, now known or
hereafter invented, including without limitation radio broadcast, television,
home video/DVD products, and mobile services) of the Ohanila Parties, an
unlimited number of times, in perpetuity, throughout the world, with or without
charge or cost to end-users or other third parties. You also grant the Ohanila
Parties the right to use and distribute, and license others to use and
distribute, your Submission in the promotion of such websites, products and/or
services, to the same extent permitted for use and distribution of your
Submission hereunder.
Clearance of Your Submission for the
Ohanila Parties' Use. You represent and warrant that your Submission is your
original work and that you have secured any and all rights, releases and
permissions necessary for the Ohanila Parties' use and distribution of your
Submission hereunder, including without limitation those related to any people,
places, music, performances of dance or music, video, photographs and/or
graphics in your Submission (collectively, the "Elements"). You
represent and warrant that, to the best of your knowledge, no further
permissions or fees are due for the Ohanila Parties' use and distribution of your
Submission or any Elements therein. You further represent and warrant that any
statements made by you or others in the Submission are true to the best of your
knowledge and that neither they, nor any Element of your Submission, will
violate any law or regulation or violate or infringe upon the rights of any
third party.
Waiver of Right of Approval. You hereby
waive any right of inspection or approval of your Submission as used and
distributed by the Ohanila Parties, including without limitation any approval
of your appearance and/or use of your name therewith or the uses to which
either may be put.
Release and Waiver; Indemnification. You
acknowledge that the Ohanila Parties will rely on the foregoing terms and
conditions potentially at substantial cost to them, and you hereby waive the
right to assert any claim of any nature whatsoever against any party relating
to the exercise of the rights and permissions granted hereunder. You agree to
indemnify, defend and hold harmless the Ohanila Parties from any and all claims
arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat
Rooms, Forums, and Blogs
Ohanila wants to encourage an open exchange
of information and ideas through the Site, but we cannot and do not review
every posting made on Ohanila’s community and social media sites, or in chat rooms, forums, blogs,
and other public posting areas. You can expect these areas to include content,
information, and opinions from a variety of individuals and organizations other
than Ohanila. We do not endorse or guarantee the accuracy of any posting,
regardless of whether the posting comes from a user, from a celebrity or
"expert" guest, or from a member of our staff. There is no substitute
for healthy skepticism and your own good judgment.
Responsibility for what is posted on
Ohanila’s community and social media sites, or in chat rooms, forums, blogs
and other public posting areas on the Site lies with each user -- you alone are
responsible for material you post. Ohanila does not control the messages,
information or other content that you or others may provide through the Site.
You may use the Site for lawful purposes only.
By using the Site, you agree not to submit,
post or transmit through the Site any material or otherwise engage in any
conduct that:
• Violates or infringes the rights of others including, without
limitation, patent, trademark, trade secret, copyright, publicity, privacy or
other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account,
computer system, or network connected to the Site, by means such as hacking,
password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortuous, or contains
explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other
personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including Ohanila and
its employees and agents or falsely states or otherwise misrepresents your
affiliation with any person, business or entity, including Ohanila;
• Contains an advertisement or solicitation or encourages others to
make a donation;
• Contains viruses or any other computer code, files or programs that
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, or otherwise permits the unauthorized
use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that
gives rise to civil liability or that otherwise encourages others to commit
illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously
or under a false name;
• Permits any person to access, using your account, any features of
the Site that may require registration;
• Results in a single message being posted to more than five areas of
the Site or affiliated web sites, results in any message being posted to any
area of the Site if that message is, in our view, off-topic or in violation of
these Terms of Use; or
• Violates these Terms of Use, guidelines or any policy posted on the
Site, or interferes with the use of the Site by others.
Although Ohanila cannot monitor all content
on Ohanila’s community and social media sites, or postings in the chat rooms,
forums, blogs and other public posting areas, you understand that Ohanila shall
have the right, but not the obligation, to monitor the content of the Site to
determine compliance with these Terms of Use and any other operating rules that
may be established by Ohanila from time to time. Ohanila shall have the right,
in its sole discretion, to edit, move, delete, or refuse to post any material,
including but not limited to Submissions, submitted to or posted on the Site
for any reason, including violation of these Terms of Use, whether for legal or
other reasons, or because the material is objectionable or stale.
Notwithstanding this right of ours, users shall remain solely responsible for
the content of their messages and Submissions. You acknowledge and agree that neither
Ohanila nor any of its affiliates shall assume or have any liability for any
action or inaction by Ohanila with respect to any conduct within the Site or
any communication or posting on the Site. Ohanila also reserves the right to
disclose any information that Ohanila believes necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part.
Ohanila requires you not to use the Site to
violate anyone's copyright, trademark or other intellectual property rights. By
posting or submitting any material (including, without limitation, photographs
and videos) to the Site, you are warranting and representing that you own or
have the right to post or make such submission of the material, or are making
your submission or posting with the express consent of the owner, and that no
other party has any right, claim, or interest in the material that you have
submitted or posted. You also warrant that all moral rights in any material
that you submit to us or post have been waived. Submitting or posting material
that is the property of another, without the consent of its owner, is not only
a violation of these Terms of Use but may also subject you to legal liability
for infringement of copyright, trademark or other intellectual property rights.
Our Use of Materials
With the exception of any and all
Submissions (Ohanila’s permitted use of which is discussed above) and any material posted
on Ohanila’s community and social media sites, all other material you submit to
any of our chat rooms, forums, blogs and other public posting areas, whether
text or images, becomes the property of Ohanila and may be reproduced, modified
and distributed as we see fit, in any medium, for any purpose and in
perpetuity. Further, you understand that by posting material on Ohanila’s community and social media sites, you
are granting to Ohanila, and to anyone authorized by Ohanila, a royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to
display, use, copy, modify, transmit, sell, exploit, create derivative works
from, distribute, and/or publicly perform such materials posted on Ohanila’s community and social media sites, in
whole or in part, in any manner or medium, now known or hereafter developed,
for any purpose. The foregoing grant shall include the right to exploit any
proprietary rights in such posting or submission, including, but not limited
to, rights under copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you grant
Ohanila, and anyone authorized by Ohanila, the right to identify you as the
author of any of your postings or submissions by name, email address or screen
name, as Ohanila deems appropriate.
The materials available through the Site
are the property of Ohanila or its licensors, and are protected by copyright,
trademark and other intellectual property laws. You are free to display and
print for your personal, non-commercial use information you receive through the
Site. But you may not otherwise reproduce any of the materials without the
prior written consent of the owner. You may not distribute copies of materials
found on the Site in any form (including by e-mail or other electronic means),
without prior written permission from the owner. Of course, you're free to
encourage others to access the information themselves on the Site, and to tell
them how to find it.
Linking
We welcome links to the Site. You are
usually free to establish a hypertext link to any publicly available portion of
the Site so long as the link does not state or imply any sponsorship or
endorsement of your site by our Site or by Ohanila. However, you should check
the copyright notice on the page to which you wish to link to make sure that
one of our content providers does not have its own policies regarding direct
links to their content on the Site.
No Soliciting or Spamming
You agree not to use the Site to advertise,
or to solicit anyone to buy or sell, products or services, nor to solicit
anyone to make donations of any kind, without our express written approval.
From time to time, users post their e-mail
addresses in our chat rooms, forums, blogs and other public posting areas. You
may not gather these e-mail addresses for commercial or illegal purposes, such
as sending unsolicited or unrequested e-mail or instant messages.
No Framing
Without the prior written permission of
Ohanila, you may not frame, or make it appear that a third-party site is presenting
or endorsing, any of the content of the Site, or incorporate any intellectual
property of the Site, Ohanila or any of their licensors into another website or
other service.
Trademarks
We don't want anyone to be confused as to
which materials and services are provided by Ohanila and which are not. You may
not use any trademark or service mark appearing on the Site without the prior
written consent of the owner of the mark.
Disclaimer of Warranties
THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR
ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY
MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN
ADDITION, Ohanila MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS
SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
We have no liability whatsoever for the
results of submissions of information or requests to this Site or by means of
this Site. UNDER NO CIRCUMSTANCES SHALL Ohanila, ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU 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 THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF
Ohanila HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. HOWEVER, IN NO EVENT SHALL Ohanila’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION EXCEED ONE HUNDRED DOLLARS ($100).
Access and Interference
Much of the information on the Site is
updated on a real time basis. By using the Site, you agree not to:
Use any robot, spider, scraper or other
automatic device, process or means to access the Site for any purpose without
our express written permission.
Take any action that imposes or may impose
(in our sole discretion) an unreasonable or disproportionately large load on
our infrastructure.
Implement any manual processes to monitor
or copy content from the Site without express written permission.
Utilize any device, software or routine
that will interfere or attempt to interfere with the functionality of the Site.
Remedies
Your access and use privileges of this Site
and its content are conditioned upon your adherence to these Terms of Use.
Ohanila has the right to deny you access and use of this Site and its content
if you violate (as Ohanila may determine in its sole and absolute discretion)
any provision of these Terms of Use. Ohanila reserves the right to seek all
other remedies available at law and in equity. You agree, at your own expense,
to defend, indemnify and hold Ohanila and its Representatives harmless from any
claim or demand, including reasonable attorneys' fees, made by a third party in
connection with or arising out of your access to, or use of, this Site or any
of its content in a manner other than as expressly authorized by these Terms of
Use, your breach of these Terms of Use or your violation of applicable laws or
any third party rights.
Links to Other Web Sites
Ohanila is not responsible or liable for
any content presented by or contained on any independent web site, including,
but not limited to, any advertising claims or marketing practices. Please note
that we cannot control and will not be responsible for the privacy policies of third-party
web sites. Third party web sites that are accessed through links on our web
sites have separate privacy and data collection practices, and security
measures. We have no responsibility or liability for the practices, policies
and security measures implemented by third parties on their web sites. We
recommend that you review the privacy statements and policies of linked web
sites to understand how those web sites collect, use and store information.
Updates to the Terms of Use
Ohanila reserves the right to amend these
Terms of Use at any time in order to meet changes in the regulatory
environment, business needs, or to satisfy the needs of our customers,
distributor partners, and service providers. When we do, we will also revise
the “last revised” date at the bottom of these Terms of Use.
Entire Agreement
These Terms of Use contain the entire
agreement between you and us regarding the use of the Site and its content and
supersede any and all other agreements between us with respect to matters in
these Terms of Use.
Other
No waiver of any provisions in these Terms
of Use shall be deemed a further or continuing waiver of such provision or any
other provision.
Additionally, if any provision of these
Terms of Use is found to be void, unlawful or unenforceable for any reason,
that portion shall be deemed severable from these terms and shall not otherwise
affect the validity and enforceability of any remaining provisions.
Ohanila enters into this Agreement on its
own behalf and on behalf of each of its worldwide affiliates. Accordingly,
Ohanila holds the benefit of and may enforce this Agreement on behalf of those
affiliates. Ohanila reserves the right to pursue any remedy available to it at
law or in equity if you breach this Agreement.
The terms of this agreement will be
governed by the laws of Austria.