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OJOSS Terms of Service

 

1.)  Acceptance of Terms

OJOSS Inc welcome you!  OJOSS provides its “services” to you, and is subject with your agreement to our Terms of Service.

1.A)     The use of our services is effective upon your acceptance to the Terms of Service.  Our Services are not available for your acceptance to the Terms of Services.  Our Services are not available for your use if you do not accept the Terms of Service. 

Note that the Terms of Service is subject to a periodic update without a given notice to you.  The most up-to-date version of the terms can be reviewed at:  Term of Service

1.B)     OJOSS continually strives to provide its users with excellent online service, rewarding and a satisfying experience.  Additionally, your use of OJSS specific and operated services is subject to posted guidelines pertinent to such services. Your acceptance to the Terms of Service validates your acknowledgement that the nature of such services provided by OJOSS is subject to change periodically without preceding notice to you.  These procedures and rules, which includes our Spam Policy, are executed and referenced in the Terms of Service policy.  Any other services that may be offered by OJOSS may be determined by a separate Terms of Service.

 

2.)  Description of Service

OJOSS provides to its users access to a variable abundant collective online resource venue.  This includes a range of forums, communication tools, shopping, and search services; branded marketing or other information used for public presentation and context of personalized contents.  All of which through its network of properties may be accessible by OJOSS in the user interface for the “Service” via various mediums presently known.

2.A)     You agree and acknowledge that the Service may include advertisements which are necessary in order for OJOSS to provide the Service.  Additionally, you agree and acknowledge that the Service may include certain communications presented to you which are a part of OJOSS membership, and opting out of receiving them is not an option.  These communications may include but are not limited to service announcements, administrative related messages, and a OJOSS Newsletter.

2.B)     As part of our continuous goal to enhance the present Service, new features may be introduced, including any issuance of OJOSS service properties, accordingly will be subject to the Terms of Service.  You agree and acknowledge that the Service is provided in the “state it is in”.  OJOSS is not responsible for user communication factors such as deletion, misdirected delivery or such failure in storing any or personalized settings. 

2.C)     You are solely responsible for obtaining a third-party Internet service provider (OJOSS has no responsibility to either you or the third party for your obligations under their terms), in order to attain access to the Service.  You are solely responsible for these 3rd party fees involved, which includes advertisement fess associated with display or delivery.  Accordingly, you are solely responsible to provide all necessary equipment to be able to access the Service.

 

3.)  Member Account, Password and Security

Upon completion of the registration process, you will acquire a password and designated account to access the Services.

3.A)     You understand that you are totally responsible for confidentially maintaining the password in association with the account(s) used to access the Service.  Additionally, you are responsible for all activities that emerge under you designated password or account.  You agree that at the end of each session or activity, you will ensure to exit accordingly from you account. 

3.B.)    OJOSS will not be obligated for any loss or damages that may occur or consequently arise due to lack of compliance with our policy.

3.C)     You agree to notify OJOSS immediately if you are aware of any unauthorized use or treatment of your password and/or account, or of any other security infraction.

 

4.)  Member Conduct

4.A)     You understand that all information (referred to as “Content”) which is data records, text, computer software, video files, sounds, music, photographs, digital graphics, or other media which you may have access partly, or by way of your use of the “Services”,  are solely the responsibility of the person where from the origination of such content was given.

4.B)     These terms mean that you are fully responsible, and not OJOSS, for all Content which you create and display through the Service, upload, post for public view, for transmittals, and email.  OJOSS does not provide an assurance as to the authenticity, or quality of the Content presented via the Service.  However, OJOSS has the right to review and perform a pre-screening, filter, reject or eliminate any Content.

4.C)     You understand that you may be subjected to view such areas and/or content which you may find objectionable, offensive and/or abhorrent.  Respectively, you understand that you use the Services at your own discretion.

4.D.)    You agree and understand that you are solely responsible for any content created, displayed, or any transmittal during the use of and presented via the Service; consequently, you are held responsible for any losses or damages incurred as a result of your actions. 

4.E.)     In no case, will OJOSS be liable to you or any third party, for any of the above mentioned Content, inclusive of any errors, loss, or any damage which may cause and effect OJOSS to suffer.

4.F)      You agree to the Terms of the Service, and acknowledge that Services is not to be used for the purpose of:

            I.)  To create, display, transmit or otherwise make accessible any Content that is illegal, intended to harm, including harm to minors, abuse, harass; be slanderous, be vulgar, offensive, libeling, or an invasion of privacy; evoke hostility, racially or ethnically, or objectionable in other respects.

            Furthermore, you agree and acknowledge that the Services is not to be used for the purpose of:

            II.)  Misrepresentation of an entity or falsely assume identity of a person; including an officer or principal in the OJOSS marketplace arena; devise headers to mislead or manipulate associates in order to dissimulate the origination of any Content transmitted via the Service.

III.)  To create, display, transmit or otherwise make accessible any Content that trespasses or violates the proprietary “Rights” of any party, which includes any trademark, copyrights, and confidential commerce information.

IV.)  To create, display, transmit or otherwise make accessible any Content that you have no given right to make accessible under any legal contractual relationships or trustee, which pertains to confidential and proprietary knowledge, disclosured to some extent with employment relationships or subject to nondisclosure covenants;  

V.)  To create, display, transmit or otherwise make accessible any advertisements without permission, any form of solicitations, such as “junk mail”, “chain letters”, “pyramid schemes”, with the exception of designated category for that specific purpose;

VI.)  To create, display, transmit or otherwise make accessible any files, data programs, materials containing software viruses devised to disrupt, destroy, or malfunction any computer hardware, software or telecommunications equipment, interrupt or cause disruption;

VII.)  To carry out actions that disoblige policies or procedures of any networks connected to the Service, or interrupt any networks or servers connected to the Service, not limited to the Service

VIII.)  Additionally, any actions that cause interference to the standard dialogue continuity, or causes a negative reaction to the ability in which the manner of engagement in real time between other users;     

IX.)  Moreover, any actions that violate any legislations applicable to local, state, national or international laws, subsequently, any rule governed by the force of law, including regulations made known by the U.S. Securities and Exchange Commission; inclusive are rules renown national or other securities exchange such as the New York Stock Exchange, American Stock Exchange, or the NASDAQ;

X.)  Moreover, provide resources or be used as a vehicle to any foreign terrorist organization(s) indicated by the United States government (per the Immigration and National Act, section 219);

XI.)  Compile data that is of a personal nature pertaining to other users, with reference to the prohibited deportment and activities as outlined above section 4F, items I through X.    

4G.)     You agree and acknowledge that OJOSS and it designated collaborator shall exercise the discretionary right to pre-screen, reject, or omit any Content which is presented and obtainable via the Service.  Moreover, any Content in violation of the Terms of Service, or in other respects is objectionable would be subject to elimination, whereby OJOSS and its designated collaborator shall exercise their right to omit such Content.

4H.)     You understand and agree that the use of any Content involves evaluation and bearing risks, which includes any relevance to the reliability, precision, thorough, or beneficial use of such Content.

4I.)       With reference to the above, you understand that any Content that has been submitted to OJOSS or created by OJOSS, is not to be relied upon, and is not limited to information posted on OJOSS Message Boards, including all other Sections of the Service.

4J.)      You understand and agree that if it is lawfully required or in good faith, you grant OJOSS permission to access, preserve (maintain for protection), and disclose your account information and Content with sufficient reasoning as follows:

  1. Compliance with the legal process.
  2. Enforcement of the Terms of Service.
  3. Response to claims that a part(s) of the Content violates the rights of third parties.
  4. Response to your inquiries or requests directed to Customer Service.
  5. Overall protection, which is inclusive of:  rights, property, and private safety of OJOSS, its users and the public.

 

4K.)     You acknowledge that the technical performance in relation to the transmission and processing operations of the Service provided, which includes your Content may involve an extent of action such as:

  1. Transmissions across or through various networks.
  2. Changes necessary for conformance and adaptability to technical requirements in relation to connecting networks, contrivance or devices, and/or media services.

 

4L.)      You acknowledge that the software incorporated within the Service may contain certain security components allowing the protection of digital materials designed to further develop the Service.  Additionally, usage of these materials is subject to policies established by OJOSS and/or providers to the Service who furnish the Content.

4M.)     You understand that you must not attempt to entrap or override the policies established in the Service with regards to usage.  As a whole or in any segment, it is strictly prohibited for any unauthorized counterpart or reproduction, public distribution, or exhibition of the materials as provided on the Service.

 

5.)  Proprietary Rights

5A.)     You understand and agree that the Service, including any usage of essential and vital software in relation to the Service, is comprised of data that is proprietary.  Thereby, confidential information is under protection by the appropriate intellectual property and other applicable laws.

5B.)     Furthermore, you understand and agree that the information and/or advertisement presented by sponsors to you via the Service contains Content that is under proprietary rights, whereby such advertisers are protected by copyrights, patents, trademarks or other applicable laws.   

5C.)     You agree not to use the Service or the Software as a basis to create modifications or plagiaristic works, nor to market for distribution, sell, rent, lease, or lend, with the exception of permission expressively communicated by OJOSS, authorized advertisers, or pertinent law.

5D.)     You acknowledge and agree that the Software is not to be altered in any aspect or mode, neither is the modified Software version to be used; any intention of acquiring unauthorized access to the Service is inclusive, without boundaries.

5E.)      To use the object code of its “Software” on an individual computer, OJOSS consents you a personal, non-transferable, non-exclusive right and license.  The above mentioned is allowed on the condition that you do not, nor permit any third party to reproduce, create or modify a derivative structure, or work from a reverse engineer and/or compile, or attempt to ascertain any source code; offer for sale, assign or designate, sublicense, confer a security interest or conveyance of any right in the Software.  

5F.)      You acknowledge and agree that the only means to access the Service is through the interface which is provided by OJOSS to be used solely for that purpose.

 

6.)  LIMITATION OF LIABILITY

            YOU DEFINITELY AND CLEARLY UNDERSTAND AND FULLY AGREE THAT OJOSS, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, AND ASSOCIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE FOLLOWING:

6A.)     ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR TYPICAL DAMAGES, SPECIAL CONSEQUENTIAL DAMAGES WHICH MAY BE BROUGHT UPON YOURSELF AS A RESULT OF YOUR ACTIONS.  SUBJECT TO THE THEORETICAL TERMS THIS INCLUDES, BUT IS NOT LIMITED TO:  ANY DAMAGES INCURRED FOR LOSS OF PROFIT, BUSINESS STATUE OR GOOD WILL, LOSS OF DATA OR DISTRESS INFLICTED UPON IT, OR OTHER INTANGIBLE LOSSES .

6B.)     ANY LOSS OR DAMAGES WHICH MAY HAVE BEEN OR OTHERWISE INCLUDING AND NOT LIMITED TO LOSS OR DAMAGES WHICH RESULT FROM:

I.)  THE USE OF OR CORRUPTION OF INABILITY OR FAILURE TO STORE COMMUNICATIONAL DATA EITHER MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;

II.)  THE EXPENSE OF PROCUREMENT FOR SUBSTITUTE COMMODITIES OR SERVICES RESULTING FROM ANY WARES, DATA, PURCHASED OR ACQUIRED INFORMATION OR SERVICES, MESSAGES TRANSMITTED BY OR TRANSACTIONS SUBMITTED AND ENTERED THROUGH, OR FROM THE SERVICE;

III.)  ANY UNAUTHORIZED ACCESS OR MODIFICATIONS OF YOUR DATA OR TRANSMITTALS;

IV.)  ANY STATEMENTS PLACED OR CONDUCT IN RELATION TO ANY THIRD PARTY EXHIBITED ON THE SERVICE;

V.)  ANY OTHER PERTINENT MATTER IN RELATION TO THE SERVICE REGARDING THE TERMS AS SET OUT.  

 

7.)  EXCLUSIONS AND LIMITATIONS

7A.)     THE LIMITATIONS WITH REFERENCE TO OJOSS’S LIABILITY AS STATED IN THE ABOVE SECTION 6 SHALL APPLY REGARDLESS IF OJOSS IS ADVISED OF OR OF THE PROBABILITY OJOSS SHOULD HAVE BEEN AWARE OF THE POSSIBLE OCCURRENCE OF DAMAGES OR LOSSES ARISING.

7B.)     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSSES CAUSED BY AN INFRACTION OF IMPLICATED CONTRACTUAL TERMS, OR NEGLIGENT CONTEXT, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, THE LAWFUL LIMITATIONS IN YOUR JURISDICTION ARE APPLICABLE; THEREFORE, THE LIMITATION ON OUR LIABILITY IS DETERMINED BY THE MAXIMUM DEGREE AS PERMITTED BY LAW.

 

8.)  DISCLAIMER OF WARRANTIES

8A.)     YOU DEFINITELY AND CLEARLY UNDERSTAND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON THE PRINCIPAL OF “AS IS” AND “AS AVAILABLE”.  OJOSS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, ASSOCIATES, AND LICENSORS EXPRESSLY DISCLAIM ALL SORTS OF WARRANTIES, NO MATTER IF EXPRESSED OR IMPLICATED; INCLUDING, HOWEVER IS NOT LIMITED TO IMPLIED MERCHANT APTITUDE WARRANTIES, STATE OF SUITABILITY FOR SPECIFIC GIVEN PURPOSE AND NON-INFRINGEMENT. 

8B.)     SPECIFICALLY, OJOSS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, ASSOCIATES, AND LICENSORS DO NOT STAND FOR OR CONSTITUTE ANY WARRANTY THAT:

            I.)  THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;

            II.)  THE USE OF THE SERVICE WOULD BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERROR;

            III.)  THE RESULT OF YOUR USE OF THE SERVICE TO OBTAIN INFORMATION WOULD BE ACCURATE OR RELIABLE, AND

            IV.)  ANY OPERATIONAL IMPERFECTIONS OR ANY SOFTWARE MALFUNCTION PROVIDED AS PART OF THE SERVICE WOULD BE CORRECTED.

8C.)     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ENTERED AT YOUR OWN DISCRETION AND RISK.  YOU WOULD BE ENTIRELY LIABLE AND SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM, OTHER DEVICE, OR LOSS OF DATA AS A RESULT FROM DOWNLOADING OF ANY SUCH MATERIAL.

8D.)     NO ADVICE OR INFORMATION WHATSOEVER, EITHER ORAL OR WRITTEN, THAT IS ACQUIRED BY YOU FROM OJOSS, OR THROUGH OR FROM THE SERVICE SHALL PRODUCE OR BE FOUND TO CREATE ANY WARRANTY NOT EXPLICITLY STATED IN THE TERMS OF SERVICE.

 

9.)  Copyright and Trademark Policies
  
9A.)     The policy adhered by OJOSS is responsive to notifications regarding allegations that  constitute copyright infringement, or otherwise violation of your intellectual property rights; provided that these alleged copyright infringements are in compliance with applicable international intellectual property law, which includes the Digital Millennium Copyright Act in the United States  In the suitable circumstance, and with a discretionary approach, OJOSS may terminate the accounts belonging to repeat infringers. 

For further details, refer to OJOSS policy found at:  Privacy Policy.

9B.)     OJOSS’s operational procedures consist of trademark complaints with respect to OJOSS’s business advertising, of which details can be found at:  Contact Us.

 

10.)  General Information

10A.)    Agreement in Whole:
The Terms of Service constitutes the whole agreement between you and OJOSS, and thereby governs you use of the Service, and displaces any prior agreements between you and OJOSS with reference to the Service.  Your use of or purchase of certain other affiliate services, or third party software, may be subject to additional terms and conditions which may be applicable.

10B.)    Chosen Law and Forum:
The Terms of Service and the rapport between you and OJOSS under the Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of lawful provisions.

10C.)    The Forum:
If any legal matters arise from the Terms of Service, you and OJOSS are in agreement to submit to the exclusive jurisdiction of the courts within the county of Santa Clara, California in order to resolve the issue.  Nevertheless, you agree that any urgency for legal relief or injunction treatment to rectify the issue shall still be available to OJOSS.  Should any court of law, with the jurisdiction to make a decision on such matter, subsequently rules any provision contained in the Terms of Service, of which is ruled invalid will then be removed from the Terms of Service without affecting the remaining Terms. 

10D.)    Non-Transferrable and Non-right Survivor Terms:   
You acknowledge and agree that your OJOSS is non-transferrable, and your account held with OJOSS including any rights and access to your OJOSS ID shall terminate upon your death.  Your account and all contents therein may be subject to permanent deletion, upon receipt of a copy of the death certificate.

10E.)    Statute of Limitations:
You acknowledge and agree that any claim or action caused as a result of or relative to the use of the Service or Terms of Service, is required to be filed within one (1) year after the occurrence of such claim, or ceaselessly prohibited, regardless of any statute or law enforced.  In that respect, the remaining provisions of the Terms of Service will retain its validity and continue being enforced.

Note:  The section titles under the Terms of Service have no legal binds or contractual result, and are referenced for convenience purposes only.