Oxygean Terms of Service

• You must be an individual (a private or natural person) and an active member of Oxygen. Multiple accounts set up by the same person will not qualify for YOOX grants.

• You must be 13 years old on the date of entry. You much be 16 years old to redeem vour YOOX.

Overview

• Our Services. Our Services aim at giving its users the power to build a community. In particular, users with common interests can connect and communicate each other sharing status updates, photos and stories across the Oxygean Platform. The platform also allows You to discover people and content that may interest You all over the world.

• Requirements. The use of the Services is subject to an active internet. You agree that You are solely responsible for these requirements, as well as for any applicable changes, updates and fees.

• Language. The Services are provided in English language. We do not offer any translation service.

Eligibility to use the services

• Age limit. You represent and warrant that You are the minimum age in order for Us to lawfully provide the Services to You without parental consent (including using of Your personal data).

• Scope of the license. You agree that You will use the Services only in connection with Your quality of user thereof. Any information provided to You on or via the Services does not constitute a professional advice and is offered only for entertainment purpose.

• Account registration. In order to access the Services, You must register and create an account for the Oxygean Platform at http://www.oxygean.com directly via its authentication flow or through a social networking sign-on service. If you register with a social networking service, You represent that You are entitled to use Your social networking service account for the purposes described herein without breach by You of any of the terms and conditions that govern the applicable social networking service. Upon completion of Your account registration (hereinafter the moment in which You complete the registration shall be referred to as the “Effective Date”), You will be able to use and access the Services.

• Reservation of rights. We expressly reserve any and all the rights not expressly granted to You in these Terms.

Your responsibilities

• General responsibilities. You are entirely responsible for the use of the Services and, to such purpose, You shall not use, encourage, promote, facilitate, instruct (or induce other users or any other third party to do the foregoing on) the Oxygean Platform for any activity that violates any applicable local, state, national, and international law, statute, rule, ordinance or regulation (hereinafter singularly and collectively referred to as the “Law”), or for any other illegal, fraudulent, harmful, or offensive purpose, or to transmit, store, display, distribute or otherwise make available information, text, software, pictures, messages or any other data or material, however named (hereinafter singularly and collectively referred to as the “Content”), that is illegal, harmful, offensive, libellous, defamatory, obscene, pornographic, explicit, profane, threatening, abusive, hateful, harassing, inappropriate or that would encourage or constitute a criminal or civil liability under any Law. Examples of prohibited uses of the Services include:
  

  • creating, uploading, modifying and/or distributing any Content, or taking any action using the Services that is illegal, fraudulent, harmful, or violates these Terms or any applicable Law;
    

  • creating, uploading, modifying and/or distributing any Content, or taking any action using the Services that violates Our rights or the rights of any third party (including, without limitations, privacy, property rights, etc.) or Our Intellectual Property Rights (as below defined) or those of any another person, entity, service, product, or website;
    

  • uploading viruses or malicious codes, or taking any other action using the Services that could in any way compromise any functionality thereof;
    

  • creating a false identity on the Oxygean Platform, misrepresenting Your identity, creating an account for anyone other than yourself (a real person), or accessing any account belonging to someone else;
    

  • accessing the Services using any robot, spider, scraper, or other automated means to access the Services for any purpose (e.g., data extraction, data scraping, data mining, data harvesting, etc.);
    

  • collect data or information referred to identified or identifiable natural persons (hereinafter such data or information shall be collectively and indistinctly referred to as “Personal Data”) regarding other users without their explicit consent, or interfere with their use of the Services;
    

  • facilitating or encouraging any violations of these Terms.
    

• Content lawfulness. You undertake to have all the interest and title in and to the Content transmitted, stored, displayed, distributed or otherwise made available by You through the Services, and that You are the sole responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Therefore, in no way whatsoever We will be responsible for any Content. Without limiting the foregoing and the Sect. 3.1) above, You expressly warrant and represent that the Content:

  • will not be disrespectful, fraudulent, false, misleading or deceptive;
    

  • will not be defamatory, obscene, pornographic, vulgar or offensive;
    

  • will not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    

  • will not be violent or threatening or promote violence or actions that are threatening to any person or entity;
    

  • will not promote the use of drugs, pharmaceuticals, dietary and herbal supplements, weapons, ammunition or explosives;
    

  • will not promote any product or service deemed unsafe, inopportune or questionable to Us in Our sole discretion.
    

• Account security. You are entirely responsible for safeguarding and maintaining the confidentiality of Your account. You acknowledge and accept that We will assume that any person accessing the Services is You. You further undertake not to share the account password to any third party or to let anyone else access the Services, or do anything else that might jeopardize the security thereof. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services and agree to notify Us immediately of any unauthorized use thereof.
  

• Backup. You accept and acknowledge that We do not provide any backup or restoration service, although We backup regularly Our systems. You are encouraged to archive your Content regularly and frequently. Therefore, You shall bear full risk of loss and damage of Your Content.
  

• Indemnification. To any third party’s claim arising out of a violation of Your obligations under this Section, Sect. 9 (Indemnification) below shall apply, in addition to any other rights or remedies afforded to Us under these Terms and/or as per the applicable Law.
  

Updates, availability and support

• Updates. We, in Our sole discretion, reserve the right to add additional tools, utilities, improvements, third party applications, features or functions, or to provide programming fixes, updates and upgrades, to the Oxygean Platform and to the Services in general, in order to improve and enhance the features and performance thereof (hereinafter collectively referred to as the “Updates”). You expressly acknowledge and agree that We have no obligation to make available and/or provide any Updates. In case We provide Updates, these Terms shall automatically apply thereto, unless We provide other terms along with such Updates.
  

• Availability. We will use commercially reasonable efforts to make available the Services. Notwithstanding the preceding, You acknowledge and agree that We have no control or liability over the availability of the Services on a continuous or uninterrupted basis, as We use third-party vendors and hosting partners to provide us the necessary hardware, software, networking, storage, and related technology required to run the Services. Therefore, from time to time the Services may be inaccessible or inoperable, including, without limitation:
  

  • equipment malfunctions, periodic maintenance procedures or repairs;
    

  • causes beyond Our reasonable control or that are not reasonably foreseeable (including, without limitation, threat to security, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures);
    

  • limitations due to Your particular device or hardware;
    

  • Your violation of any relevant provision of these Terms.
    

• Third party software and plugins. At the sole purpose to run and provide functionalities to the Services, the Oxygean Platform incorporates and uses third party software and plugins. The use thereof is licensed to Us subject to third party terms and conditions and, therefore, You expressly acknowledge and accept that We have no liability whatsoever in case such third party software and plugins become unavailable, interrupted or discontinued and You experience a lack of functionality accessing or using the Services. Sects. 4.2) and 8) of these Terms shall apply to third party software and plugins above mentioned.
  

• Technical support. Support requests will be provided by Us 9 am to 5 pm UTC Monday to Friday, Irish national holidays excluded. We may use a variety of methods (e.g., in-product, internet, chat, e-mail, remote control and phone) to provide technical support and customer service in connection with the Services. Support may be temporarily limited, interrupted or curtailed due to maintenance, repair, modifications, upgrades or relocation. In any case, the support service shall be considered as part of the Services for all the purposes of these Terms.
  

Term and termination

• Term. These Terms and the rights herein conferred are effective as of the Effective Date for an indefinite term, until You send Us a request to delete Your account.
  

• Termination. In case of Your breach of any term herein provided, We are entitled to close Your account and terminate these Terms.
  

• Account termination. Upon the termination of Your account, You no longer have rights to access or use the Oxygean Platform or the Services. We will erase Your Personal Data or transform it in an anonymous form for statistical purposes within 48 (forty eight) hours thereafter or after a period of two (2) years from Your last login to the Oxygean Platform, whichever occurs first.
  

• Obligations surviving termination. Provisions that survive termination or expiration of these Terms are those relating to limitation of liability, indemnification, and others which by their nature are intended to survive.
  

Intellectual property rights

• Our ownership. We hold and retain all an any title and interest in and to the Oxygean Platform and the Services, as well as in any Intellectual Property Right associated therewith and, therefore, nothing in these Terms will be interpreted as a transfer, in whole or in part, of rights in or to the Oxygean Platform or the Services to You or any other third party. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, service marks, certification marks, logos, trade names, and the goodwill associated with the foregoing; (ii) patents and patent applications, and any and all divisions, continuations, reissues, reexaminations, and extensions thereof; (iii) writings and other works of authorship; (iv) trade secrets, business, technical and know-how information, business processes, non- public information, proprietary information and confidential information, and rights to limit the use or disclosure thereof by any person; (v) software, including data files, source code, object code, application programming interfaces, databases and other software-related specifications and documentation; (vi) domain names, uniform resource locators, and Internet addresses; (vii) any and all technical information, software, specifications, drawings, records, documentation, ideas, knowledge, invention disclosures or other data; (viii) claims, causes of action and defenses relating to the enforcement of any of the foregoing.
  

  • Your obligations for Our Intellectual Property Rights preservation. Unless otherwise authorized in written by Us, You must not, and must not cause or permit others to:
    

  • make the programs or materials resulting from the Services available in any manner to any third party for use in such third party’s business operations;
    

  • copy, modify, adapt, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Oxygean Platform, or access or use the Services in order to build or support (or assist a third party in building or supporting), products or services competing therewith;
    

  • perform or disclose any benchmark or performance tests of the Oxygean Platform or any associated infrastructure (such as, without limitation, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, penetration testing, etc.); and
    

  • license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the Oxygean Platform or the Services to any third party.
    

• Your Content. By posting, uploading, inputting, providing or submitting Your Content, You grant Us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty free license to use the Content You provide in connection with the operation of Our Services, without any further consent, notice and/or compensation to You or others. In particular, if You choose to share Your Content as “public”, We will enable a feature that allows other Oxygean Platform’s members to embed that Content onto third-party services, and We will enable search engines to make that public Content findable though their services. You can end this license for specific Content by deleting such Content from the Services, or generally by closing Your account, except to the extent You shared it with others as part of the Service and they copied, re-shared it or stored it and for the reasonable time it takes to remove from backup and other systems.
  

• Your feedbacks and suggestions. We may freely use Your feedbacks, suggestions, or ideas in any way, including in future modifications of the Oxygean Platform or the Services or of any other product, service, advertising or marketing material. To such purpose, You grant Us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty free license to use the feedback You provide to Us in any way. Notwithstanding the preceding, We will not sell, publish or share Your feedback in a way that could identify You without Your explicit permission.
  

Privacy and data protection

• Privacy Policy. We respect your privacy. For details on how we collect, store, and protect Your Personal Data, please visit our Privacy Policy at www.oxygean.com/your-rights. By accessing our Services, You agree and consent to Our collection and use of Your Personal Data as outlined therein and You agree to abide by and not violate such Privacy Policy on Your part. Our right to access Personal Data. To the maximum extent permitted by the applicable Law, We expressly reserves the right to access, read, preserve, and disclose any Personal Data as we may reasonably believe necessary to:
  

  • satisfy any applicable Law or any Authority request;
    

  • enforce these Terms (including investigation of potential violations thereof) or Our Intellectual Property Rights;
    

  • detect, prevent, or otherwise address fraud, anti-piracy, security or technical issues (including, without limitation, verify a valid registration, the number of instances the Oxygean Platform launches, the device IP address, and/or the version of the software, etc.);
    

  • conduct internal statistics and analytics, on an anonymized basis; in particular, We may trace the use of the Services for the purposes of obtaining statistics on the use and proper functioning thereof, as well as for the purpose of correctly provide functionalities and improvements, or for security reasons.
    

Warranty and liability

• Limited warranty. THE OXYGEAN PLATFORM AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT THAT THE OXYGEAN PLATFORM AND THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, BE AVAILABLE OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
  

• Disclaimer of liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OXYGEAN PLATFORM AND THE SERVICES, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY CASE, WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF OUR CONTRACTORS, VENDORS, CLOUD PROVIDER OR OTHER SERVICE PROVIDER. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
  

• Remedies. EXCEPT FOR CLAIMS WITH RESPECT TO FRAUD, DEATH OR PERSONAL INJURY, FOR WHICH NO LIMIT SHALL APPLY, IN NO EVENT – TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW – OUR LIABILITY SHALL IN THE AGGREGATE EXCEED THE FEES EFFECTIVELY PAID BY YOU IN THE THIRTY-DAYS PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NOTWITHSTANDING THE PRECEDING, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE OXYGEAN PLATFORM, THE SERVICES OR ANY RELATED SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS THERETO, OR USE THEREOF.
  

• Mandatory legal provisions. In case some or all of the limitations above provided do not apply to You, such limitations shall be applicable to You to the fullest and maximum extent permitted by the applicable Law.
  

Idemnification

• Indemnification. You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arose by any claim made by any third party (including, without limitation, any agency, public administrations, entities, etc.) against Us in connection with any of Your:
  

  • violationor breach of any term of these Terms;
    

  • violation of any applicable Law, whether or not referenced herein;
    

  • violation of any rights of any third party; or
    

  • use or misuse of the Oxygean Platform or the Services.
    

• Remedies. You further agree and acknowledge that any violation of Your obligations pursuant to these Terms may cause Us irreparable harm and damage, which may not be recovered at Law. Therefore, You agree that Our remedies for breach of these Terms may be in equity by way of injunctive relief, as well and any other relief available, whether in Law or in equity.
  

Miscellaneous

• Discontinuation policy. The Oxygean Platform and the Services are subject to Our discontinuation policy, so that We reserve the right to discontinue all support for that and/or for any features, online or other services or content accessible therethrough, in accordance with such discontinuation policy.
  

• Assignment. You are not allowed to assign these Terms or any rights hereunder, unless with Our previous written consent. Conversely, We are allowed, at Our sole discretion, to assign these Terms or any rights hereunder to any third party, without giving prior notice.
  

• Force majeure. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, We will be excused from such performance to the extent it is delayed or prevented by such cause.
  

• No implied waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of these Terms shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to these Terms and/or the applicable Law.
  

• Governing law and exclusive jurisdiction; class action waiver. These Terms shall be governed by and construed in accordance with the Swiss Laws. Before resorting to any external dispute resolution mechanisms, the parties agree to use their best efforts in good faith to settle any dispute in relation to these Terms. The parties irrevocably submit to and accept, generally and unconditionally, the exclusive jurisdiction of the Court of Zug (Switzerland) with respect to any legal action or proceedings which may be brought at any time relating in any way to these Terms. Where permitted by the applicable Law, You agree that You may bring claims against Us only in Your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both You and We agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
  

• Severability. Should any part of these Terms be declared illegal or unenforceable, the remaining portion will remain in full force and effects.