Your use of Oceans Spirit website and the features at this site (collectively, the “Site”) are subject to these terms (these “Terms”). Please read these Terms carefully before using this Site. The Site is owned and controlled Oceans Spirit Inc. (“Oceans Spirit”) and its affiliates.
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Oceans Spirit Content
Content on this Site that is provided by Oceans Spirit or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Oceans Spirit Content”) is the property of Oceans Spirit and its licensors, and is protected in Australia and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Oceans Spirit Content located on the Site in connection with products or services that are not those of Oceans Spirit, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Oceans Spirit or its licensor’s property, or that otherwise infringes Oceans Spirit or its licensors’ intellectual property rights. You further agree to in no other way misuse any Oceans Spirit Content or Third Party Content that appears on this Site.
Use of the Site/User Content
The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Happy Egg in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
On certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organisation, or misrepresent an affiliation with another person or organisation; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Oceans Spirit a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed, to the extent that such User Content is not deemed a work made for hire under the terms of your employment arrangement with Oceans Spirit.. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein.
You understand and agree that you have no ownership rights to the Site or the materials and features therein. Oceans Spirit may cancel your account and delete all User Content associated with your account at any time, and without notice, if Oceans Spirit deems that you have violated these Terms or the law. Oceans Spirit assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.
You agree to indemnify and hold Oceans Spirit, its affiliates, parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations of these Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Oceans Spirit or this Site.
Disclaimer of warranties and Limitations of liability
Your use of this Site and all of the content, products and services made available through this Site, is at your sole risk. This Site, and all of the content, products and services made available through this Site, is provided on an “as is” and “as available” basis, without representations or warranties of any kind whatsoever. to the fullest extent permitted by law, Oceans Spirit, its affiliates and their respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to this Site; the content, products and services made available through this Site; your use of this Site; or any websites to which this Site is linked. Without limiting the generality of the foregoing, Oceans Spirit, its affiliates and their respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties (1) of merchantability, fitness for a particular purpose, title and non-infringement; (2) arising from course of dealing or course of performance; (3) regarding the security of this site or our systems; (4) that the content is accurate, complete, current, relevant or reliable; or (5) that your use of this Site will be uninterrupted or error-free. Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.
Under no circumstances, shall Oceans Spirit, its affiliates, or their respective, officers, directors, employees, agents, licensors and service providers, be liable to you or to any third party for any indirect, incidental, special, exemplary or consequential losses or damages, including loss of profits, revenues, savings, data or goodwill, arising out of or in connection with the use of or inability to use this site or in connection with the content, products and services made available through this Site.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorised representative of Oceans Spirit or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies. Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of the foregoing limitations of liability may not apply to you.
Third Party Websites
If you believe that your work has been copied by Oceans Spirit and appears on this Site in a way that constitutes copyright infringement, please provide us with this information:
- A physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- 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 authorised to act on the copyright owner’s firstname.lastname@example.org
Please note that the procedure above is exclusively for notifying Oceans Spirit that your copyrighted material has been infringed by Oceans Spirit.
Both you and Oceans Spirit acknowledge and agree that no partnership is formed and neither of you nor Oceans Spirit has the power or the authority to obligate or bind the other.