Effective as of January 1, 2015.
The Terms and Conditions set forth below apply to your use of Oiffel, available at www.oiffel.com, as well as, but not limited to any other websites, software and mobile apps related to Oiffel and collectively called “The Site”, owned by or operated by Oiffel, its partners or subsidiaries. By using part or all of the pages of “The Site”, you agree to be immediately bound by the Terms and Conditions set forth below. If you do not agree to these Terms and Conditions, do not use “The Site”. Oiffel reserves the right to change the Terms and Conditions at any time, at its sole discretion, without giving any prior notice. Any and all modified Terms and Conditions shall be effective immediately once they are posted. Oiffel encourages you to periodically review this page, because any and all changes will automatically be binding on you. This Agreement may not be modified, edited, and/or changed by you in any manner.
The Site, Applications, and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.
In order to access certain features of the Site, Applications, and Services and to post any Member Content on the Site, Applications or through the Services, you must register to create an account ("Account"). You may register with Oiffel through your account with certain third party social networking services, such as Facebook (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing Oiffel to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their Oiffel Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
The Site, Applications, Services and Site Content are protected by copyright, trademark, and other laws of the United States, Indonesia, and foreign countries. To the extent permitted by applicable law, Oiffel owns all rights, title and interest in and to the Site, Applications, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Site Content.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Oiffel or its licensors, except for the licenses and rights expressly granted in these Terms.
We may permit Members to post, upload, publish, submit or transmit Member Content. Oiffel does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site, Applications or Services, you grant Oiffel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Applications or Services.
You are solely responsible for all Member Content that you make available through the Site, Applications and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases necessary to grant to Oiffel the rights in such Member Content, as contemplated under these Terms. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Oiffel’s use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Members may post comments and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Oiffel reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you undermine the integrity of the Oiffel Rating and Review system in any way, your account will immediately be suspended or terminated.
You acknowledge and agree that you have not, do not intend to, or will you ever offer anyone cash or other compensation for a favorable review. You furthermore agree to never misrepresent or impersonate another Member. As a Merchant, you agree to never post any fake feedback reviews of your own service, or attempt to gain multiple feedbacks from the same Member pretending to be a different Member. You understand and agree that reviews posted on the Site, Applications, and Services are property of Oiffel and are therefore protected by the Oiffel IP rights. You agree that you will never copy and paste, partially or whole, any reviews from Members anywhere on the Site, Applications, and Services onto your website or any media.
You agree not to do any of the following, either directly or indirectly:
Oiffel reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Oiffel, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
We may, without prior notice, change the Site, Applications or Services, stop providing the Site, Applications or Services, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site, Applications or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. OIFFEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OIFFEL MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OIFFEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT OIFFEL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATIONS OR SERVICES, NOR DOES OIFFEL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. OIFFEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES.
We take no responsibility and assume no liability for any Member Content posted or sent over the Site, Applications or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.
You agree to defend, indemnify, and hold Oiffel, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER OIFFEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OIFFEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OIFFEL, ITS AFFILIATES, PARTNERS OR SUBSIDIARES, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS OR INVESTORS PROVIDE THE SITE, APPLICATION, AND SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
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