nudity in a sexual context, exposed genitalia or adult themes
Copyrighted Content: music, movies or games that you do not own the rights to
Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes”, etc
Phishing: a site meant to trick users into providing their username and password
Illegal Content: content which may be illegal in the United Kingdom or under the laws of other countries
Scams: get rich quick, pyramid/MLM, or other dubious schemes
Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page
File Hosting: including sites that are not created with the O-Theory editor
Injurious Experience: sites using the “Custom HTML” element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons
This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the Terms below.
1. Acceptance of Terms
Welcome to O-Theory Ltd’s (“O-Theory”) website, mobile app and online marketing service. Your use and access to the website/mobile app design, hosting and management services, websites, online advertising, content posting, online promotion, communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are available through the website and associated domains of http://www.otheory.co.uk (the “Site”) is subject to these Terms of Service (“Terms“). These Terms are the entire agreement between you and O-Theory Ltd. These Terms will also apply when you use the Service on a trial or demo basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms, do not use the Service.
2. Description of service
Our services include the following:
- Websites – we create websites for our customers using predefined design themes and features for their business based on content that they provide and branding (colour schemes, look and feel) that they specify. We publish and host the website on their behalf. We also, up to one, two or three times per month per website (depending if they are on Standard, Business or eCommerce plan), update content on the customer’s website on their request and their instructions with new content they provide. Finally, at no less than twelve month intervals and up on the customer request and instructions, we may overhaul their website by applying a new design theme to change the look and feel of the website. We may also provide a tool (Web Portal) which will allow the customer to make their own content and design changes to their website should they wish to do so.
- Mobile Apps – we create mobile apps for our customers using predefined features and capabilities for their business based on content that they provide and branding (colour schemes, look and feel) that they specify. We publish the apps on the Apple as well as Google Play stores on their behalf. We also, up to two times per month per mobile app, update content on the customer’s app on their request and their instructions with new content they provide. Finally, at no less than twelve month intervals and up on the customer request and instructions, we may overhaul their app by applying a new design theme to change the look and feel of the app. We may also provide a tool (App CMS) which will allow the customer to make their own content and design changes to their mobile app should they wish to do so.
- (Google Ads) – we will design adverts (within Google AdWords specifications and terms) and publish them on Google advertising services (Google AdWords) for our customers. We will also provide monthly summarised reports on the performance of these adverts using a subsets of the performance indicators provided by Google AdWords.
- (Facebook Ads) – we will design adverts (within Facebook specifications and terms) and publish them on Facebook advertising services for our customers. We will also provide monthly summarised reports on the performance of these adverts using a subsets of the performance indicators provided by Facebook advertising services.
- (Facebook/Twitter Content Posting) – We will create (if it does not already exist) a local business Facebook page for the customer and design it within Facebook’s guidelines. We will then make regular daily posts (Monday to Saturday) to the customers Facebook (and Twitter if they have) pages on their behalf. The posts will be somewhat relevant to the customer’s industry and be generic in nature. Posts will include images, videos, links, articles, quotes, questions and news. We accept no liability whatsoever for any content posted by us.
- (Facebook Page Promotion) – we will design adverts (within Facebook specifications and terms) and publish them on Facebook page promotion services for our customers for the purpose of promoting the customer’s Facebook page. We will also provide monthly summarised reports on the performance of this promotion using a subsets of the performance indicators provided by Facebook page promotion services.
All our services are subscription
based. The subscription interval is monthly. Customers subscribe by authorising
the appropriate monthly payment with their payment service provider (e.g.
Debit/Credit card). Once subscribed, the customer’s service(s) will go live
(published and available on the Internet) for the duration that their
subscription is active (i.e. payment is authorised and being made).
Any new features on the Service, including the release of new O-Theory tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the O-Theory Newsletter. These communications are considered part of O-Theory subscription. You may not access the Service by any means other than through the Service interfaces we provide you.
To register as a subscriber, you must provide us with a valid email address and other information (“Registration Data”). You will choose a password and account designation for your Services during the registration process and you will obtain a O-Theory ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if O-Theory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 16 are prohibited from registering for O-Theory services.
4. O-Theory Privacy Notice
Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read our Privacy Notice, and to use the information it contains to help you make informed decisions.
5. Website account and security
You are responsible for maintaining the security of your account and subscribed services (Website, Mobile App, Facebook Page and Marketing Campaigns), for all activities that occur or actions taken under the account or in connection with subscribed services. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
6. Proprietary Rights
The Service, all confidential and
proprietary software used in connection with the Service, Materials, content
contained in sponsor advertisements or in information presented to you through
the Service or by advertisers, and all other materials and services provided by
or through O-Theory are owned by us or other parties that have licensed their
materials, content, or provided services to us, and are protected by copyright,
trademark, trade secret, and other intellectual property laws.
“Materials” means any necessary software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.
O-Theory gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of O-Theory or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of O-Theory or the respective third-party Mark owner.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized O-Theory representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
7. Your rights in your content
O-Theory does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain a Subscriber.
8. Content and conduct rules and obligations
information, data, text, software, music, sound, photographs, graphics, video,
messages, goods, products, services or other materials you post or provide for
us to post on a web site, mobile app or marketing campaign via the Service
(“Content”) are the sole responsibility of the person from which such
Content originated. You are responsible for all Content that you upload, post,
relay to us, transmit or otherwise make available via the Service. We do not
control the Content you post or provide via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content that you post directly, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
post, transmit or otherwise make available any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
- is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
- contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any O-Theory user to access the Service;
- is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or
- is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
- harm minors in any way;
- “stalk,” “bully,” or otherwise harass another;
- impersonate any person or entity, including, but not limited to, a O-Theory official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, regional or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside. If you use the Site, the Service, or the Materials outside the United Kingdom, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
- solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
- exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
- include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
- upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the O-Theory editor);
- create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or
- use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
9. Selling Through O-Theory
our Services and Materials may offer you the opportunity to sell or purchase
goods and services through websites or mobile apps hosted or designed by O-Theory
(such goods and services, “Commercial Products”). We are merely providing the
platform for buyers and sellers to conduct transactions for these Commercial
Products. In order to sell through O-Theory, you must be 18 years or older or
at least the age of majority where you reside or from where you use our
Services and you must provide your full legal name, current address, valid
email address, and any other information requested by us. In the event of a
dispute regarding account ownership, we reserve the right to request
documentation to determine or confirm account ownership. Documentation may
include, but is not limited to, a scanned copy of your business license,
government issued photo ID, the last four digits of the credit card on file,
You will not:
or sell any Commercial Products that:
- are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.K.;
- infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libellous, slanderous, or otherwise defamatory;
- we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
- are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
- use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
You agree to a one (1) month
contract agreement with O-Theory. Some of the features on the Service require
payment of an initial setup fee as well as a monthly subscription fee, as
described for each Service on the Site (“Fees”). Monthly subscription fees are
to be paid in advance of each month’s service. If you sign up for these
features, you must pay all applicable feature Fees. We reserve the right to
change our prices and/or bundle certain parts of the Service together for
pricing purposes, and may do so at any time. You authorize us to make any
reasonably necessary inquiries to validate your account and financial
All Fees are in GBP (British pound sterling) and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to O-Theory, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING HELLO@OTHEORY.CO.UK OR BY CALLING OUR OFFICE AT ANY TIME.
11. Cancellation; Service Changes
If you cancel the Service, your cancellation will take effect immediately after the current billed month expires. After cancellation, you will no longer have access to your Service and we may delete all information related to your Service. We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we may allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.
12. Money Back Guarantee During Setup
For the Website and Mobile App services, there is a setup fee charged in advance before the design and build of the website or mobile app. Once the build of the website or mobile app is complete we will allow you to preview it before it is published on to the Internet. If you change your mind for any reason you can request and receive a full refund of the Setup Fee at any time up to 7 days from the date we receive your payment.
Once you approve the website or mobile app preview you will no longer be entitled to a refund of the Setup fee and your website or mobile app will be published live to the Internet. The monthly subscription fee is not refundable. A confirmation email from you will be taken as your approval for the website/mobile app.
Please direct refund requests to firstname.lastname@example.org with the subject line: Refund Request. At any time during your contract term, you may upgrade, downgrade, add or remove services with O-Theory. All such changes will take effect from the next billing month. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.
13. Third Party Services, Software, and Websites; No Implied Endorsement
is not responsible or liable for any loss or damage incurred as a result of
your use of any third party’s service, product, software, content, or website
(collectively, “Third Party Materials”) whether or not you were linked to or
directed to any Third Party Materials through the Site. Third Party Materials,
such as email, e-commerce and payment services including but not limited to,
Authorize.net, PayPal, Square, and Stripe payment options, may be subject to
the applicable third party terms of service and privacy policies, and you are
solely responsible for reviewing, agreeing to, and complying with any such
terms before you use any Third Party Materials.
Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third Party Payment Processors: O-Theory uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the O-Theory Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
If you choose, you may contribute website themes (“Custom Themes”) to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.
15. Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with O-Theory.
16. Domain Name Registration, Domain Name Cancellation, and Change of Registrar
For the domain name registration
services (the “Domain Services”) provided directly to you by O-Theory, the
following terms and conditions also apply. Your use of the Domain Services
provided by O-Theory serves as your consent to these terms. Some of the service
packages include O-Theory registering an Internet domain name or renewing your
existing domain name (the “Domain Name”) on your behalf. For the purpose of
procuring and/or maintaining domains, O-Theory will act only as the agent
between you and the organization responsible for domain name allocation (the
“Registrar”). All new registrations and subsequent renewals of those
registrations will therefore also be subject to the Registrar’s terms and
conditions. O-Theory reserves the right to utilize another domain name service
provider at any time, in which case the terms and condition of such
organization will apply complementarily to these Domain Terms.
O-Theory may provide one (1) free .co.uk domain name with a new purchase of any website plan. The domain will be included for the lifetime of your O-Theory website subscription, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The Business and eCommerce website plans also include one (1) free .com domain name for the lifetime of the website subscription.
You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be O-Theory Ltd. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene existing legislation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. O-Theory is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.
The initial registration term for purchased domains may vary and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your O-Theory website subscription renewal date). You can, of course, opt out of auto-renewal by requesting to turn off the auto-renew option at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees. Your right and title to your domain name allows you to transfer a purchased domain to another domain provider. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through O-Theory using your O-Theory account is covered by these Terms.
Maintaining accurate and current billing information is a mandatory condition of maintaining your O-Theory account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.
Subject to these Terms and those of the Registrar, you may transfer all domain names registered through us to another registrar by following the online instructions provided by O-Theory. Should we, due to failure on the part of you, the account holder, or the new registrar, be unable to make the domain transfer to your new registrar, we are expressly entitled to have the cancelled domain name deleted by the relevant registrar after the cancellation date has lapsed. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.
It may not always be possible to recover a domain name after it has expired, and O-Theory has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, O-Theory will have the right, in its sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that O-Theory may charge the credit card you have on file with O-Theory to recover any amounts outstanding on your account.
On certain occasions, domain name registrations may become the subject of a legal challenge. If O-Theory is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of O-Theory’s costs and legal fees and to indemnify and hold O-Theory harmless from any action. If O-Theory is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, O-Theory may, at its sole discretion: (a) suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name registered by O-Theory on your behalf.
17. Marketing Campaign Services
marketing campaign services provided directly to you by O-Theory (the
“Marketing Services”), the following terms and conditions also apply. Your
use of the Marketing Services serves as your consent to these terms. O-Theory
may suspend or terminate your access to and use of the Marketing Services if
you do not comply with these terms.
Your use of the Marketing Services must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to O-Theory and all recipients to whom you intend to target your campaign (each a “Target”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Marketing Services and the content you send through the Marketing Services. Your use of the Marketing Services must also comply with the Privacy Notice applicable to the Marketing Services. O-Theory’s Privacy Notice is available here.
You are solely responsible for your products and services and any other promotion and Content contained in or referred to in content sent through the Marketing Services. You agree to use the Marketing Services in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.
Your use of the Marketing Services must follow all applicable guidelines established by O-Theory. The guidelines below are examples of practices that may violate these Terms when running campaigns through the Marketing Services:
You will not:
- Use the Marketing Services in violation of O-Theory’s Terms of Service or of any law applicable to you or your Recipients;
- Use the Marketing Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute;
- Use the Marketing Services to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that O-Theory deems inappropriate;
- Transmit any message, information, data, text, software or image, or other Content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity;
- Send through the Marketing Services any unethical, false or misleading advertising, promotions, or sales efforts and practices;
- Post or transmit any materials that contains a virus or corrupted data;
- Use third party email addresses, domain names, or mail servers without proper permission;
- Fail to comply with export and import regulations for the UK and other countries.
It is your responsibility to ensure that the Content you put in your Marketing Campaigns does not violate these guidelines. O-Theory has no obligation to do so, but may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, remove Content, or prohibit use of the Marketing Services that may be in violation of the foregoing or of the Terms. You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your Content also has the right to reformat, edit, monitor, reject, block or remove any of your Content and suspend or terminate the Marketing Services, in whole or in part, permanently or for a certain period. In no case will the foregoing make us responsible or liable to you or for compliance with any such laws or obligations, for which you remain solely responsible and liable.
If you know of or suspect any violations of these Terms, please notify O-Theory at email@example.com. O-Theory will determine compliance with these Terms in its sole discretion and reserves the right, without notice, to take all measures of any nature (legal, technical, or otherwise). We may terminate the Marketing Services and your O-Theory account at any time and for any reason. If your account is terminated, we may permanently delete it and any associated data.
Google and Facebook Terms are in addition to these Terms, and you shall comply with both as applicable to the Marketing Services. We may terminate any Third Party Service, including Google and Facebook, in our sole discretion at any time, without notice to you, with no liability to you or to the third party. Any such termination or any act by a Third Party Service may impact our ability to make available some or all of the features of the Marketing Services, and we will not be liable to you or to any third party for any such actions.
We will obtain any information that you provide us in connection with your use of the Marketing Services, such as target demographics and Content posted or used by you for the Marketing Services, or in any other manner. We acknowledge your ownership and Content. We won’t sell or rent your Customer Information without your prior explicit permission and won’t use your Customer Information for any purpose other than as described in our Privacy Notice and in these Terms. Google and Facebook may also use the Customer Information and other information provided by you as part of the Marketing Services, in accordance with the their respective Terms.
You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display Customer Information, only as required by us to offer and operate the Marketing Services.
You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information. You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including the Terms. You represent and warrant that you own or have rights in the material in your campaigns and the Customer Information required for us to use the Customer Information as contemplated by these Terms.
When using the Marketing Services, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has expressly granted to us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.
To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Marketing Services and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information.
We make no representation or warranty that the content and materials on our website or and/or the Marketing Services are appropriate for use in locations outside the United Kingdom. Those who choose to access the Marketing Services from other locations do so at their own risk, and are responsible for compliance with applicable local laws. We reserve the right, at any time and in our sole discretion, to limit the availability, quantity, and accessibility of the Marketing Services to any person, geographic area, or jurisdiction.
19. Disclaimer of warranties
- Your use of the service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up your data and information that may reside on the service. O-Theory does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Any data, information, content or materials contained in or made available in connection with the Service is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. The Service does not provide tax or legal advice. You are responsible for obtaining such advice.
- These terms apply solely to the Service. As part of the services provided to other O-Theory users, we provide websites, mobile apps and marketing services for certain third parties (“third party sites”). Third party sites include content generated by third parties and are not under the management and control of O-Theory. O-Theory is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. The hosting of any third party site by O-Theory does not imply an endorsement thereof by O-Theory, or of the provider of such content or services, of any third party site.
- Neither O-Theory nor any third party providers, partners, or affiliates warrant that the site, its servers, the materials or the Service, or any email sent from the site or any third party providers, partners, or affiliates are free of viruses or other harmful components.
- O-Theory and its licensors make no warranty or representation that the services, materials, or site are appropriate or available for use in all geographic locations.
20. Limitation of Liability
We will not be liable to you or
any other person for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if O-Theory has
been advised of the possibility of such damages), resulting from: (a) the use
or the inability to use the Service; (b) the cost of procurement of substitute
goods and services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered into through
or from the Service; (c) unauthorized access to or alteration of your
transmissions or data; (d) statements or conduct of any third party on the
Service; or (e) any other matter relating to the Service.
In the event of any problem with the Site, the Service, or the materials, your sole and exclusive remedy is to cease using the Site, the Service, and the materials. Under no circumstances shall O-Theory, its affiliates, or licensors be liable in any way for your use of the Site, the Service, the materials, your content, the commercial products or third party user generated content available on or through the Site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the Site, the Service, the materials, your content, the commercial products or any third party user generated content available on or through the Site.
21. Agreement to Arbitrate; Class Waiver
We want to address your concerns
or issues before filing a claim against O-Theory. Please contact us at firstname.lastname@example.org.
We’ll contact you by email to informally resolve the dispute. You or O-Theory
may start a formal dispute resolution process if a dispute is not resolved
within 15 business days of your submission.
You may only resolve disputes with us on an individual basis and you will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action (e.g., class action, class arbitration, private attorney general action, or consolidation with other arbitrations).
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and O-Theory shall be governed by the laws of England without regard to its conflict of law provisions. You and O-Theory agree to submit to the personal and exclusive jurisdiction of the courts located within England. The failure of O-Theory to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.