OWNERSHIP OF CONTENT
The OROS Websites; their past, present and future versions; all pages found within the OROS Websites; the material and information on the OROS Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the OROS Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to OROS, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the OROS Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the OROS Websites. All rights not expressly granted are reserved.
The OROS Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without OROS’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on the OROS Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the OROS Websites are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the OROS Websites or the Content contained on or available through the OROS Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The OROS Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. OROS does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by OROS and are provided solely for convenience to OROS customers and users. OROS reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Notice and takedown of material. OROS encourages you to report material that you believe warrants removal from the OROS Websites, Online Mediums and Content based on applicable laws. If you would like to report such material for removal, please click here. If you believe that any of the material on the OROS Websites infringes your copyright, please click here to submit a Copyright Infringement notice. Following OROS’s receipt of your report of material that you believe warrants removal or Copyright Infringement notice, as applicable, OROS will contact you as quickly as possible. OROS may request you provide additional information as necessary to investigate your specific report of material that you believe warrants removal and/or Copyright Infringement complaint.
OROS retains copyright and/or applicable rights to all text and graphic images supplied on OROS Websites.
You may print and download the information on OROS Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on OROS Websites to others without the express written permission of OROS, “mirror” this information on your own site without written permission from OROS, or modify or re-use in any way the text or graphics on this site.
You may not use the OROS Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the OROS Websites are either common-law trademarks or registered trademarks of OROS US, Inc. or its subsidiaries and are protected by trademark and other laws in the United States, the European Union and other countries, and international laws and treaties.
Use of OROS trademarks is prohibited unless expressly authorized by OROS. You are not permitted to use any Marks displayed on the OROS Websites, metatags or any other “hidden text” utilizing Marks of OROS and its licensors, without the prior written permission of OROS or such third party who may own the Mark. Without the express prior written consent of OROS US, Inc., no OROS Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by OROS.
All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.
You may not distribute any text or graphics herein to others without the express written permission of OROS, “mirror” this information on your own site without permission from OROS, or modify or re-use in any way the text or graphics on this site.
The names of actual companies and products mentioned on the OROS Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with OROS. Nothing contained on the OROS Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the OROS Websites.
YOUR USE OF THE OROS WEBSITES
Password Protected Areas. Access to and use of password-protected areas of the OROS Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the OROS Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to OROS; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify OROS immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. To the full extent permitted by law OROS will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by OROS or any other user or visitor to the OROS Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.
OROS is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. OROS reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant OROS the rights described herein.
No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the OROS Websites or Online Mediums to: (i) impersonate an employee or a representative of OROS, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the OROS Websites or any other system or networks connected to the OROS Website or any other services offered through the OROS Websites, and/or other accounts not belonging to you, or violate security of any portion of the OROS Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the OROS Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the OROS Websites or any transaction being conducted on the OROS Websites or to restrict or inhibit any other user from accessing or using the OROS Websites, by means of hacking or defacing any portion of the OROS Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from OROS and to specific portions or features of the OROS Websites. OROS’s obligations with regards to its services offered on the OROS Websites are governed solely by such terms and conditions and nothing contained on the OROS Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the OROS Websites with respect to services may be outdated and OROS makes no commitment to update such material.
Promotions. The OROS Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO OROS WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the OROS Websites by using a text link and linking to the OROS Website homepage. OROS only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the OROS Websites or any pages on the OROS Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the OROS Websites; (iii) misrepresent your relationship with OROS or otherwise create a false affiliation, connection or association with OROS; (iv) imply that OROS approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about OROS or otherwise damage the goodwill associated with the OROS name or Marks; (v) use OROS Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize OROS name, Marks, colors, logos or any other brand features of OROS, nor your relationship with OROS for purposes of or in any manner which intentionally gives rise to advertising or publicity without OROS’s prior written permission. As a further condition to being permitted to link to the OROS Websites, you agree that OROS may at any time, in its sole discretion, terminate permission to link to the OROS Websites. In such event, you agree to immediately remove all links to the OROS Websites and to cease using any OROS Marks. OROS reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the OROS Websites.
Except for the link logos as provided by OROS, you may not use the OROS corporate logo or any other brand feature to link to OROS.
LINKS TO THIRD PARTY WEBSITES
The OROS Websites may contain links and references to non-OROS websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave OROS Websites and access Linked Websites, you do so at your own risk and OROS will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. OROS has not reviewed the Linked Websites and OROS is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on OROS Websites does not apply approval or endorsement by OROS of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a OROS logo, are independent websites, and OROS does not control the content on that Linked Website. Additionally, OROS is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from OROS, by way of reference or link provided on the OROS Websites.
All statements on the OROS Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of OROS for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of OROS could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov/edgar.shtml. Except as required by law, OROS assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you expressly understand and agree that OROS and any contributor to the user-generated content via Online Mediums (“OROS Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes OROS and OROS Licensors may make to the OROS Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;
2) any loss or damage which you may incur as a result of your leaving the OROS Websites and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;
3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the OROS Websites, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if OROS and OROS Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.
Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.
To the fullest extent permitted by applicable law, you agree to indemnify and hold OROS, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and OROS Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the OROS Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the OROS Websites and Online Mediums; (iii) your violation of these Terms or OROS Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your OROS account or these Terms.