Terms and Conditions
Last Updated/Effective Date – November 22, 2016
THIS TOU IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US; PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE (“SITE”). BY ACCESSING OR USING THIS SITE OR ANY OF OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS TOU. YOU ARE NOT AUTHORIZED TO USE THIS SITE OR ANY OF OUR SERVICES IF YOU DO NOT AGREE WITH THIS TOU.
- General Eligibility
- Notification of changes to TOU
- Our Content
- DMCA Copyright Infringement Notification
- Disclaimer of Warranty and Limitation of Liability
1. No Waiver/No Professional Advice
2. Statute of Limitations
3. Choice of Law and Forum
When using this particular Site, www.OABeadwork.com, you also are subject to other posted guidelines or rules applicable to certain activities on our Site, (collectively, “Official Rules”) and any additional terms and conditions(“Additional Terms”). All such Official Rules and Additional Terms are incorporated as part of this TOU by reference and you agree to them by using this Site. If there is a conflict between the Official Rules or Additional Terms and this TOU, the Official Rules or Additional Terms shall govern only in matters directly related to the conflict, unless stated otherwise.
1. General Eligibility
Our Services are generally targeted to adults. Unless we indicate otherwise, you must be at least 18 years old to register and to use the Services. Additionally, our Services are designed and targeted to audiences in the United States (“U.S.”) and are governed by and operated in accordance with the laws of the U.S. By use of our Services, you represent that you meet all eligibility requirements.
2. Changes to TOU
Because the Web is an evolving medium and we strive to use new technology to provide innovative features and activities, we will need to change this TOU from time to time. From time to time, we may also establish general practices, limits, or restrictions concerning the use of our Site and the posting of information, comments and other materials by registered members of our community. When we update this TOU, we will post a notice on our Site and applicable Services and update the “Last Updated/ Effective Date.” For material changes, we will also notify you via email, push alert, or the preferred mode of contact you selected. However, we are not able to notify you of changes in our app TOU via the app given technical limitations. Such notification must be provided via other means as listed above. By continuing to use this Site or any Service after we post any such changes, you have accepted this TOU as modified. We may change, restrict access to, suspend or discontinue this Site, or any portion of this Site, at any time.
5. Our Content
The content on this Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under U. S. and foreign laws and international conventions. www.OABeadwork.com is a trademark of OABeadwork.com. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, stored, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content (or encourage a third party to do so on your behalf) other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You may not decompile or disassemble reverse-engineer or otherwise attempt to discover any source code contained on the Site.
6. DMCA Copyright Infringement Notification Procedure
If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied without authorization and is accessible on this Site in a way that constitutes copyright infringement, please notify us via email at firstname.lastname@example.org
If you have received a DMCA ‘takedown notice’ you may also file a counter-notification via the instructions in the above link.
7. Disclaimer of Warranty and Limitation of Liability
Please read these disclaimers and limitations carefully before using this Site.
NO WARRANTIES: YOU AGREE THAT USE OF THIS SITE AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL WE OR THE OABEADWORK.COM ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF THE OABeadwork.com ENTITIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO US FOR THE USE OF THIS SITE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND INDEMNIFY AND HOLD HARMLESS THE OABEADWORK.COM ENTITIES FROM AND AGAINST ANY CLAIMS, ACTIONS, GOVERNMENTAL INVESTIGATIONS OR INQUIRIES, LAWSUITS, PROCEEDINGS, COSTS, EXPENSES, DEMANDS, LIABILITY OR OBLIGATIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES (COLLECTIVELY, “CLAIMS” OR INDIVIDUALLY, A “CLAIM”) ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT POSTED ON THIS SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT, OR BY YOUR USE OR MISUSE OF THIS SITE OR BY OTHERS USING YOUR ACCOUNT. WE WILL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM AND WILL ASSIST YOU, IF REQUESTED AND AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 13 WITHOUT OUR PRIOR WRITTEN APPROVAL. WE RETAIN THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
This Service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with this TOU or to conform and adapt to our technical requirements and those of connecting networks or devices.
You are solely responsible for obtaining access to the Site, and you must provide and be responsible for all equipment needed to access the Site.
a. No Waiver/ No Professional Advice
Our failure to exercise or enforce any of our rights or to enforce any provision of this TOU will not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the TOU will remain in full force and effect.
Any information supplied by any employee or agent for the OABeadwork.com family of companies, whether by telephone, email, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute a waiver or modification of any of the terms in this TOU, or any legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in their applicable jurisdictions.
b. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this TOU or use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. Choice of Law and Forum
Any dispute of any sort that might arise between you and OABeadwork.com will be governed by the laws of the United States and of North Carolina, without regard to its principles of conflict of laws. You and OABeadwork.com submit to the exclusive jurisdiction of the state and federal courts in the Eastern District of North Carolina.
We welcome your questions or comments about this TOU and also welcome any suggestions you may have for improvement of our Services.