The Web Services include our websites, mobile websites, and other Internet-enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile, and tablet applications, content, text/SMS messaging, email messaging, alert products and delivery of our content to you at your request). You may print a copy of these Terms for your records. These Terms only apply to the provision of, use of, and your conduct relating to the Web Services. They do not apply to any contracts, memberships, products, services, or other items made available through Web Services, which are subject to their own terms and conditions.
1. CHANGES TO THE TERMS AND/OR OYO WEB SERVICES:
OYO reserves the right to modify or discontinue these Terms, Web Services, or any aspect or feature at any time and without notice. All changes are effective immediately when we post them and apply to all access to and use of the OYO Web Services thereafter. It will be Patron’s responsibility to keep itself updated with these Terms. Your continued usage of the Web Services would be deemed to be an acceptance of these terms and any modifications thereto. Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to OYO Web Services in addition to our other remedies.
3. LINKS TO THIRD PARTY SITES:
4. USE OF THE WEB SERVICES & INTELLECTUAL PROPERTY RIGHTS & SUBMISSIONS:
OYO controls and (either ourselves and/or through our third-party host) operates the Web Services. All content available through the Web Services (“Content”), including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is ours or our Third Party Providers’ property and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by the United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us or our affiliates, or by Third Party Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content made available through the Web Services is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion to our customers, other Patrons, other users of the Web Services, or the public. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. Except as otherwise specified above or permitted as fair use under the Copyright Act, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of us or the Third Party Providers. You may not use any registered or unregistered trademarks, service marks, copyrighted materials, or other proprietary information or intellectual property appearing on the Web Services, including, but not limited to, any logos, images, or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any of our trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property, or otherwise incorporate into another website or application any of the Content or other materials on the Web Services, without our express prior written consent. You may not deep link to any page or portion of the Web Services without our prior written consent. All information submitted to us via our Web Services shall be deemed and remain the property of OYO and OYO shall be free to use, for any purpose, any idea, concepts, know-how, or techniques contained in information a visitor to this site provides us through this site. OYO shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by us or as otherwise specifically agreed or required by law.
5. PATRON RESPONSIBILITIES:
- Web Services are not intended for use by children. No one under age 18 is allowed to provide any personal information to or use the Web Services and Patron represents they are over the age of 18.
- You warrant and represent that you have the legal authority to create a binding legal obligation.
- You will use the OYO Web Services according to these Terms.
- All information supplied by you to OYO on this website is true, accurate, current, and complete.
- At our sole discretion, OYO reserves the right to deny access to anyone to the Web Services, at any time and for any reason, including, but not limited to, for violation of these Terms, fraud, or abuse of our website or services.
- You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegal, or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually-oriented, pornographic, or profane material, Content or images, or other images, Content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive.
- You agree to comply with the Prohibited Activities section in these Terms.
6. PROHIBITED ACTIVITIES:
You are specifically prohibited from any use of the Web Services, and you agree not to use or permit others to use the Web Services, to do any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services’ infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques; (b) disclose to, or share with, any unauthorized third parties, your login information for any unauthorized purpose, or otherwise allow or facilitate others to gain access to OYO’s information technology systems, environments, networks, files, data or accounts through the use of your login information; (c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access; (d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Web Services; (e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of the Web Services or our, our affiliated or related entities’ or Third Party Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise, which includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any Content or services provided via the Web Services; (f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with the Web Services; (g) upload, post, email or otherwise transmit any user information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships; (h) violate any applicable local, state, national or international law; and, (i) use any robot, spider, intelligent agent, meta-searching or other automatic device, or manual process to search, monitor or copy the Web Services’ pages, or the Content without our prior written permission, provided that generally available third party web browsers may be used without such permission.
OYO agrees to use commercially reasonable efforts to ensure that Web Services provided to Patron are operational in all material respects. HOWEVER, NOTWITHSTANDING THE FOREGOING, OYO MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE WEB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT OYO AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, INTERRUPTION IN TELECOMMUNICATIONS CONNECTIONS, VIRUSES, OR CYBERSECURITY INCIDENTS, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY SUCH SYSTEMS.
In addition to the other provisions of these Terms, You agree to defend OYO from any actual or threatened third-party claim arising out of or based upon Patron’s use of the Web Services and/or Patron’s breach of any of the provisions of the Terms. In addition, You agree to indemnify, defend, and hold harmless OYO from and against (a) all damages, expenses, costs, and attorneys’ fees finally awarded against OYO in any proceeding which may arise out of or as a result of (i) Your failure to comply with these Terms; (ii) negligence, misconduct, or other tortious conduct; (iii) breach of any applicable law; and (iv) misrepresentations made; (b) all out-of-pocket costs (including reasonable attorneys’ fees) incurred by OYO in connection with the defense of such proceeding (other than when You have accepted the defense of such claim); and (c) if any proceeding arising under this section is settled, any amounts paid to any third party agreed to by You in settlement of any such claims.
9. GOVERNING LAW:
These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws or rules. All controversies, disputes, or claims relating to or arising out of Web Services or these Terms must be commenced exclusively in Dallas, Texas state court or the Northern District of Texas federal court, and Patron irrevocably consents to the jurisdiction of those courts and waives any objections to either the jurisdiction of or venue in those courts. PATRON AND OYO IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY EITHER YOU OR OYO.
Concerning all communications Patron makes to us regarding the Web Services including, but not limited to, feedback, questions, comments, suggestions, and the like: (a) Patron shall have no right of confidentiality in the communications and OYO shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose, and distribute your communications to others without limitation; and (c) we shall be free to use any ideas concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever including, but not limited to, the development, production, and marketing of products and services that incorporate such information. You are also responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
11. FORCE MAJEURE:
Neither OYO nor Patron shall be liable for any failure, inability, or delay to perform hereunder (except the payment of money), if such failure, inability, or delay is due to circumstances beyond its reasonable control including, but not limited to, acts of God, war, terrorism, strike, lockout, labor disturbance, social conflict, pandemic, fire, explosion, earthquake, or sabotage.
12. LOCATION-BASED SERVICES
Your device may be location-enabled, meaning that the device is capable of accessing content or services that make use of a user’s location using location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other location technology. In the event, the Web Services use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and another routing that is enabled through the use of a sensor), USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
If you have any questions regarding the Web Services or these Terms, please contact us at: firstname.lastname@example.org