PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH LEGAL TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITES.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH LEGAL TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITES.
YOU ACCEPT THESE TERMS BY CONTINUING TO USE THE WEBSITE OR BY REGISTERING WITH US ON A WEBSITE (IF REGISTRATION IS OFFERED). IF YOU DO NOT AGREE TO ANY TERMS, DO NOT USE THIS WEBSITE OR ANY SERVICES WE PROVIDE ON OR THROUGH THIS WEBSITE.
1. PROPRIETARY RIGHTS
The materials and content on our Website, as well as other materials we publish, are protected by copyrights, trademarks or other intellectual property rights under the laws of the United States and international laws. These materials―including, but not limited to, content, photographs, images, illustrations, text, videos, and other materials―are owned by OCS, or are used with permission of their owners or as otherwise authorized by law. All rights are reserved, worldwide.
2. USER PERMISSIONS
This Website may be used only for lawful and legitimate purposes. Authorized retailers are permitted to download designated promotional materials from this Website on the condition that the reproduction and use is solely for authorized promotional and sales purposes. Neither this limited permission, nor anything else in these Terms, is intended to grant any rights in any copyright, trademark, patent or other intellectual property right of OCS or any third party.
3. PROHIBITED USES
The commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials from the Website, is strictly prohibited except as permitted above or with the express prior written permission from OCS. Other than as expressly allowed by OCS, you may not download, post, display, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You also may not change or remove any trademarks, logos, service marks, or copyright or trademark symbols or notices from any Website materials, even if you are authorized to copy or use the materials. Any unauthorized use of the Website, or any Website content, code, data or materials may violate copyright and other laws of the United States or other countries, as well as applicable state laws, and you may be subject to liability for any unauthorized use.
4. USER UNDERTAKINGS
Users agree, as a condition of access to this Website and the Services, to use the Website and Services solely for legal and legitimate purposes and to comply fully with these Terms. If you register on the Website, you represent that all registration information you submit is truthful and correct. You agree that you will keep your registration information current. You are responsible for all uses of your account and password, so please keep your password confidential. Impersonation, or use of others’ names or personal information is not permitted.
If you submit any information that is false, inaccurate, or incomplete, or if OCS believes that such information is false, inaccurate, or incomplete, OCS may suspend or terminate your account and deny you, or any computer or device associated with you or your account, access to the Website or to any Services. OCS reserves the right to monitor the use and selection of user names or passcodes, and in its sole discretion may require a User to change or modify any user name, passcode, handle, or pen name deemed objectionable or offensive. At our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
5. USER CONTENT
The Website may provide Users with the opportunity to submit content in various ways, such as through blogs, reviews, message boards, or other methods, and/or may allow Users to post or upload materials to the Website. By submitting any content, comments or material (collectively, “User Content”) to the Website, you grant OCS a non-exclusive, non-revocable and worldwide license to use, the User Content in any way, including the right to copy, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate the User Content in other works, in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. User Content will be deemed to be non-confidential and non-proprietary. We cannot be responsible for maintaining any User Content, and we reserve the right to delete, take down, move, change or destroy any User Content at any time.
You represent and warrant, with respect to any User Content which you submit or upload to or through the Website (“Your User Content”), that:
i. Your User Content is your original work, or that you have the authorization of the creator or other owner of all rights in the work;
ii. You have the written consent of each identifiable person in your User Content to use his/her name and/or image, and to submit it to the Website;
iii. Your User Content does not infringe or violate the copyright, trademark, privacy, or any other proprietary right of any person or entity;
iv. Your User Content does not contain defamatory, offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, or racist or discriminatory speech;
v. Your User Content does not incite or encourage any illegal activity;
vi. Your User Content does not contain personal attacks on any other User or any other person;
vii. Your User Content does not constitute advertising or promotional material, and is not submitted for commercial purposes;
viii. Your User Content does not violate standards of good taste or the standards of this website, as we may determined in our sole discretion.
ix. Your User Content is not illegal, and does not violate any federal, state, or local law or regulation, or the rights of any other person or entity;
x. Your User Content does not contain viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that may or are intended to damage, interfere with, or appropriate any system, data, or personal information.
OCS reserves the right to promptly disable and take down any posts, comments or material that we believe, in our sole discretion violate any of the above representations.
6. RIGHT TO MONITOR USE OF WEBSITE
We also reserve the right, but do not have an obligation, to monitor and/or review all User Content, and to monitor all uses of the Website and the Services. OCS is not responsible for User Content or usage. We reserve the right to disclose any information as necessary or required in our view to comply with any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, our policies or applicable law. We may also impose limits on certain features or Services, and/or restrict your access to part or all of the Website without notice if we believe you are not in compliance with these Terms, or for any other reason. We reserve the right to manage the Website as we determine is appropriate to protect our rights and property, as well as the rights and property of others, and to ensure the proper functioning of the Website. WE RESERVE THE RIGHT TO DENY ACCESS TO AND/OR USE OF THE WEBSITE AND SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN OUR SOLE DISCRETION. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY USER OR USE, OR BLOCK ANY USER OR IP ADDRESS, AND DELETE ANY USER PROFILE AND/OR CONTENT AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
7. ONLINE PURCHASES
We may provide you with the opportunity to make online purchases through the Website, directly or through third party service providers. You agree to pay in full the prices for your purchases, by your preferred method of payment at the time of your online order or by other payment means acceptable to us. You agree to pay all applicable taxes, which may be added to the sales price at time of purchase. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right to correct any errors or mistakes in pricing or item descriptions, even if you have already submitted an order. We may change our prices and terms of sale at any time. All payments must be in U.S. dollars and all orders must comply with applicable laws. For additional terms of sale, please consult the specific e-commerce webpages.
Please review our Return Policy posted on our e-commerce pages before making any purchases.
8. THIRD PARTY WEBSITES AND CONTENT
The Website contains links to other websites (“Third Party Websites”) and may link directly to Third Party Websites, including those that may provide services to us or you. We do not control these Third Party Websites or services and make no representations regarding them. We are not liable or responsible for the reliability or accuracy of the Third Party Websites or services, or any content posted on them. We may receive compensation from the Third Party for the links posted or for services rendered to you. However, you access or use any Third Party Website or services at your own risk. Our linking to a Third Party Website is not, and should not be construed as, an endorsement of the Third Party or its website, or as a representation that there is a sponsorship or affiliation between us and the Third Party. Please notify us if you believe that any linked-to Third Party Website contains infringing or illegal content or services. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES.
9. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that any materials on this Website infringe your copyright, you may request removal of those materials from the Website by sending written notice to our Copyright Agent (designated below). The Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”) requires that the written notice (the “DMCA Notice”) include the following:
i. Your physical or electronic signature.
ii. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a list of such works.
iii. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material (or you can send us screenshots to assist our review).
iv. Your contact information (including your name, postal address, telephone number and, if available, e-mail address).
v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send your DMCA Notice to the following, by mail, fax or email. Your Notice must be properly addressed and (if by mail) sent with sufficient postage.
If you fail to comply with the above notice requirements, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees). It is our policy to terminate repeat infringers in appropriate circumstances.
COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the Copyright Agent identified above. The Counter-Notice must include substantially the following:
i. Your physical or electronic signature.
ii. An 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 disabled.
iii. Your contact information (including your name, postal address, telephone number and, if available, e-mail address).
iv. A statement under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
v. A statement that you will consent to local Federal District Court jurisdiction, or if your address is outside the United States, to jurisdiction in any judicial district in which our Company is located, and that you will accept service of process from our Company.
Under the DMCA, we have the right to repost the removed content if the person who filed the original DMCA Notice does not file a court action for infringement against you within ten business days of receiving the copy of your Counter-Notice.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE OR ANY LINKED WEBSITES AND THE INTERNET GENERALLY. THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY OCS CORPORATION OR ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY WHATSOEVER.
NEITHER OCS NOR ITS AFFILIATES WARRANT THAT THIS WEBSITE, OR ANY LINKED WEBSITES, OR THE INTERNET, OR ANY INFORMATION OR DATA, WILL BE UNINTERRUPTABLE OR ERROR FREE, OR THAT ANY DATA, SOFTWARE, APPLICATION OR OTHER MATERIAL ACCESSIBLE ON OR FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OCS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE, AND DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR HARM CAUSED BY OR RELATING TO THE USE OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, OCS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR MATERIALS ON THE WEBSITE OR SERVICES; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE OR ANY INFORMATION ON THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY DATA OR INFORMATION ON OR ACCESSED THROUGH THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (F) ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT AND MATERIALS; AND/OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED ON, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OCS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. BY PROVIDING THIS WEBSITE AND ACCESS TO THE SERVICES, OCS DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES AND USER CONTENT ON THE WEBSITE, OR ANY USER OF THE WEBSITE OR SERVICES.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL OCS OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OCS’S LIABILITY TO A USER FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE NATURE OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO US FOR OUR SERVICES DURING THE THREE (3) MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold OCS , its affiliates, and their respective officers, agents, and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Content or use of the Services, and/or arising from a breach of this Agreement or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is covered by this indemnification when we become aware of it.
13. APPLICABLE LAWS
The Website is controlled from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are governed by the laws of the State of Missouri, United States of America. You agree that any cause of action that may arise under the Terms shall be brought and heard in the appropriate court in the State of Missouri, St. Louis County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within St. Louis County, Missouri. All parties to these Terms waive their respective rights to a trial by jury, in any litigation, to the extent permitted by applicable law.
14. EXPORT RESTRICTIONS
The export from the United States of certain OCS products requires a valid export license issued by the U.S. Department of State or the U.S. Department of Commerce, depending on the nature of the items involved. Further, U.S. laws and regulations forbid the exporting or transfer of some items to certain countries, persons or jurisdictions. It is User’s responsibility to ascertain whether any such restrictions or requirements apply to them or their intended use of any Services, and to comply with all applicable restrictions and requirements.
We may terminate or discontinue this Website or the Services, or any part thereof, at any time and without notice. We may restrict, suspend or terminate any User’s access to the Website or the Services if we believe you have breached the Terms or violated applicable law, or for any other reason in our sole discretion. It also is our policy to terminate any User who appears to be a repeat infringer of our or anyone else’s intellectual property rights or other legal rights.
16. CHANGES OR MODIFICATIONS TO THESE TERMS
We reserve the right, in our sole discretion, to change or modify these Terms, in whole or in part, at any time and without prior notice, by posting the modified Terms on the Website. Changes in the Terms will be effective when posted, unless stated otherwise. Your continued use of the Website and/or the Services after any changes or modifications to the Terms are posted will be considered acceptance of those changes or modifications.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms shall remain in full force and effect. You agree that these Terms will not be construed against OCSby virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.