Terms and Conditions of Use
Effective Date: August 2018
This website, including any subsite accessible through the homepage (the “Site”), is published and maintained by subsidiaries, affiliates, and/or related entities of OXO Technology SL (“OXO”). Please note that when you enter any subsite accessible through this homepage, such subsite may have its own terms and conditions of use which are specific to such subsite.
The Site is the property of OXO Technology SL, (“OXO”) and its licensors. By using the Site, you agree to these Terms of Use.
OXO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, OXO grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose, without OXO’s express prior written consent. As long as you comply with the terms of these Terms and Conditions of Use, OXO grants you a non-exclusive, non- transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, OXO is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Privacy
OXO’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to “chat” or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
Purchases and Contests. Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
OXO’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
OXO may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and OXO makes no commitment to update the materials on the Site with respect to such products and services.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although OXO may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, OXO is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. OXO may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate OXO’s policies in any way. OXO will fully cooperate with any law enforcement authorities or court order requesting or directing OXO to disclose the identity of anyone posting such materials.
OXO’s Rights to User’s Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non- proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way OXO uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by OXO anywhere in the world, in any medium, forever.
Idea or Proposal Submissions/Feedback
For any proposals or ideas that you submit to OXO, you warrant that you have the right to disclose such ideas or proposals to OXO and that such disclosure does not violate the rights of any other person or party. OXO shall be free to use such information on an unrestricted basis. This means you will be responsable for any los or damage that OXO suffers as a result o your breach o this warranty.
If you choose to provide feedback, comments and suggestions for improvements to the service (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of OXO and you hereby irrevocably assign to OXO and agree to irrevocably assign to OXO all of your right, title and interest in and to all Feedback, including any intelectual property rights therein.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to OXO does not cause OXO to have any special responsibility to you.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an OXO ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify OXO immediately of any unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by OXO or any other user of or visitor to the Site due to someone else using your OXO ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s OXO ID, password or account at any time without the express permission and consent of the holder of that OXO ID, password or account. OXO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under OXO’s control, and OXO is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local OXO authorized representative for the availability of specific products and services in your area.
Indemnification
You agree to indemnify, defend, and hold OXO and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, OXO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OXO’S NEGLIGENCE, SHALL OXO BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF OXO OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OXO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED 100,00 €.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between OXO and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Spain.
Violation of These Terms of Use
OXO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) OXO’s rights or property, or the rights or property of visitors to or users of the Site, including OXO’s customers. OXO reserves the right at all times to disclose any information that OXO deems necessary to comply with any applicable law, regulation, legal process or governmental request. OXO also may disclose your information when OXO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that OXO may preserve any transmittal or communication by you with OXO through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or OXO determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of OXO, its employees, users of or visitors to the Site, and the public.
You agree that OXO may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
OXO’s Right to Change These Terms and Conditions of Use or Content on the Site
OXO may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. OXO may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.