These Terms of Service explain your rights and obligations in using the OFS-w.com website and the mobile applications ("Mobile Apps") of HZ and OFS-w. We refer to our Website visitors and Mobile App users as “users”. Users can be either guests or registered users.
These Terms of Service, together with our Privacy Policy and our online safety and best practices guidelines, form the agreement with you regarding the use of the Websites and Mobile Apps (“The Agreement and Privacy Policy“).
Please read the Agreement below carefully. Note: By continuing to use the Services, you agree that you have read and are bound by these terms. If you do not agree to these terms, you must not use the Websites or the Mobile App.
THE AGREEMENT AND PRIVACY POLICY I. AVAILABILITY OF THE ONLINE SERVICES
These Terms of Service include important agreements about your rights and the rights of OFS-w and HZ, including a binding agreement about how to resolve any disputes between us connected to the use of the Website and the Mobile Apps. See ABOUT HOW WE WILL RESOLVE CONFLICTS. These Terms of Service will also govern any dispute between us in connection with the Privacy Policy.
SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.
SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS ARE" AND "AS AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESSED OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
ONLINE SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you ("Account Information" in "an Account"). Our provision of any such interactivity is a Service governed by these Terms of Service. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.
CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
IF IMPORTANT, KEEP A COPY. You agree that unless otherwise specified, any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at OFS-w / HZ sole discretion. Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Services.
II. YOUR ELIGIBILITY FOR THE ONLINE SERVICES
YOUR AGE. The Services are intended for use by individuals 13 years of age and older. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age.
III. YOUR RESPONSIBILITY FOR THE SERVICES
YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.
PROHIBITED USE OF THE SERVICES. You may not create a user name, post, upload, email or otherwise transmit to OFS-w submissions of any kind that are, within the sole discretion of OFS-w, determined to be commercial, illegal, offensive or potentially harmful to others.
YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other contact information used by OFS-w to communicate with you electronically, you must notify us of the change immediately by logging on to the Services and updating your profile to reflect the correct email address or by sending written notice of your updated e-mail address to accounts@ofs-w.com.
If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from OFS-w will still be considered to have been provided to you if they were made available to you in electronic form on the Services or e-mailed to the e-mail address we have for you in our records. OFS-w reserves the right, if we choose, to restrict your ability to use our Services if we believes that the e-mail address you provided is incorrect.
IV. INTELLECTUAL PROPERTY
YOUR SUBMISSIONS. When you provide submissions ("Submissions") to OFS-w, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to OFS-w.com, you grant OFS-w (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
When you provide any Submissions to OFS-w, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize OFS-w to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for OFS-w to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service.
OUR INTELLECTUAL PROPERTY. You acknowledge and agree that OFS-w or its third party licensors own the contents of the Services and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, OFS-w’s ownership (or that of its licensors) in and to such content. Nothing contained in the Services or in these Terms of Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of OFS-w or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by OFS-w. Except as expressly permitted in these Terms of Service, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content.
COPYRIGHT VIOLATIONS. If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to OFS-w requesting that the material or access to the material be removed, by providing our Copyright Agent with the following information in writing. The notice must include all of the following:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send OFS-w a counter-notice. All notices with respect to OFS-w should be sent to the OFS-w Copyright Agent. OFS-w’s designated Copyright Agent to receive notifications of claimed infringement is:
V. ABOUT PAYMENT AND VIRTUAL CURRENCY
All OFS-w Apps and sales are available through Apple App Store. When procuring any of out Apps, you are accepting to be bound to the terms of agreement herein specified and any other terms of agreement specified by any party involved in the process of sale. If you purchase our products or services you will be asked to provide billing information (e.g., name, billing address, credit card information) to the payment processor (“Payment Processor”). You warrant that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of the Payment Processor is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies.
VI. ABOUT HOW WE WILL RESOLVE CONFLICTS
DISPUTE RESOLUTION -- VENUE. You agree that any dispute connected with the Services shall be resolved exclusively in Dubai, UAE. You agree to waive any and all objections to this choice of venue.
NO CLASS ACTIONS. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party.
NO JURY TRIAL; BINDING ARBITRATION.. You agree to waive your right to a jury trial, and submit any dispute relating to the Services to binding arbitration.
STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is.
LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Services, you agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits.
WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Websites or Mobile Apps or to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples. We assume no responsibility for the content of websites linked on the Websites or Mobile Apps. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
VII. CHANGES TO THIS AGREEMENT
TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.
AMENDMENTS. These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on the Websites. Where the changes are material, we may also choose to email all our registered users with the new details and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page.
VIII. CONTACT INFORMATION
If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us at: info@OFS-w.com.
