TERMS OF USE
Welcome to the Otto Nemenz International, Inc.(“ONI”) website, OttoNemenz.com (the "Site"). These Terms of Use are legally binding terms governing your use of the Site and by using this Site you will be considered to have irrevocably agreed to these terms.
These Terms of Use may be revised and reissued without notice at any time by updating this posting. Additional terms and conditions may be found at other locations in this Site. Unless otherwise expressly stated, any such terms will not vary or replace these Terms of Use regarding any use of this Site.
Rights Reserved
In connection with your use of this Site, it is your responsibility to obtain access to the World Wide Web, pay any service fee associated with that access, and provide all equipment necessary to connect to the Site on the World Wide Web.
ONI reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
ONI seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Registration
You may be asked to provide registration details to access this Site. A condition of use of this Site is that all details provided by you are correct, current, and complete. If we at ONI believe the details are not correct, current, or complete, we have the right to refuse you access to the Site. By using this Site you warrant that you have legal capacity to enter into the agreement set out in these Terms of Use.
Privacy Notice
Your privacy is important to us. ONI will not share the information you provide in the registration process with any third party without your express request or permission.
Copyrights and Trademarks
This Site and all materials included by ONI on this Site ("Material") collectively (“Content”) are protected by copyrights, patents, or as trade secrets, rights of publicity, or other proprietary rights ("Copyrights"). Some of the names, characters, logos or other images incorporated by ONI on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks"). Copyrights and Trademarks may be owned by ONI or others.
Modification or use of the Material for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. The Material may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by ONI. Authorization to copy Material of this Site must be granted by ONI in writing and is subject to your keeping all copyright and other proprietary notices intact. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties
Use of this site is at your own risk. All the Content at the Site is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, ONI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. ONI does not warrant that the functions contained in this Site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make them available are free of viruses or other harmful components. ONI does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in the Site or any sites linked to OttoNemenz.com in terms of their correctness, accuracy, reliability, or otherwise. ONI makes no warranties that your use of the materials, information, software, facilities, service or other content in this Site will not infringe the rights of others and ONI assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of OttoNemenz.com. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability
ONI does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use the Site or the Content regardless of the basis upon which liability is claimed and even if ONI has been advised of the possibility of such loss or damage. Without limitation, you (and not ONI) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
Security and Investigations
You shall be responsible for the security of your password (if any). ONI shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ONI considers insecure, ONI will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of password guessing programs, cracking tools, network probing tools or any other tools designed for compromising security are strictly prohibited. If you become involved in any violation of system security, ONI reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
ONI reserves the right to investigate any suspected violations of these Terms of Use. ONI may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. ONI may suspend any user whose conduct is under investigation. If ONI believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. You agree that ONI may fully cooperate with any law enforcement authorities or court order requesting or directing ONI to disclose the identity of anyone believed to violate these Terms of Use.
Indemnity
You agree to indemnify and hold harmless ONI and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties and/or from any and all use of the Site.
Third-Party Sites
This Site may link you to other sites on the Internet. These other sites are not under ONI’s control, and inclusion of such links does not imply endorsement of any site, its contents or merchandise by ONI or any association with its operators. ONI has not taken any steps to confirm, nor is ONI responsible for, the accuracy, reliability, copyright compliance, legality, decency, or any other aspect of the content of such sites (whether or not such sites are affiliated in any way with ONI ).
ONI does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose of providing information and products available in the United States, its territories, possessions, and protectorates.
ONI makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
The Site is controlled and operated by ONI from its offices within the State of California, United States of America.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or ONI may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall
be brought only in either the State or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the matters contained herein.
