BY ACCESSING OR USING THE ONEID SERVICES AND/OR THIS SITE, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE ONEID SERVICES OR THE SITE.
We may amend this Agreement at any time by posting a revised version on www.oneid.com. The revised version will be effective at the time we post it unless the amendment reduces your rights or increase your responsibilities, in which case the revised version will be effective 30 days after posting.
Your continued use of the OneID Service and/or the Site after the effective date of such amendment shall constitute your acceptance thereof.
We offer both a restricted free version of the OneID Services (“Free OneID Services”), with a limited amount of features, and a paid premium version (“Premium OneID Services”) with additional features. Subject to the terms of this Agreement, OneID grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the Site, the Free OneID Services and the Premium OneID Services for which you have paid the applicable fees. All OneID Services are licensed to you and not sold. With respect to any open source or third-party code that may be incorporated in the OneID Services, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
You choose what information you wish to store in your OneID account (“Account Information”) and retain all ownership rights to your Account Information. All Account Information, with the exception of your account name, email address and the device identification information necessary to enable push notifications, is stored in encrypted form. The encryption keys and passcode needed to decrypt Account Information are created and stored exclusively on your devices and are not accessible by OneID. OneID has no control over your Account Information and assumes no responsibility whatsoever in connection with or arising from Account Information or for actively monitoring Account Information for inappropriate or illegal content.
When you submit Account Information, you hereby grant OneID a non-exclusive, royalty-free, worldwide license to store and distribute your Account Information to OneID-enabled websites and applications for the purpose of providing the OneID Services. You are responsible for your own Account Information and the consequences of storing or transmitting Account Information. You understand and acknowledge that the security of your OneID account relies on your protection of your OneID account password, PIN, recovery code and the private keys stored on your devices. You are solely responsible for maintaining the security of these items and for activities that occur under your OneID account due to their compromise.
RESTRICTIONS AND GUIDELINES
All software, materials, information and content contained or made available to you in connection with your use of the OneID Services or on this Site (“Materials”) are protected by copyright, patent, trademark and/or other intellectual property rights, and any unauthorized use of any Materials may violate such laws and this Agreement. Except as otherwise indicated on this Site, you may view, download and use the Materials solely for your personal or internal business purposes in connection with your use of the OneID Services. Materials may not otherwise be copied, modified, framed, reproduced, republished, uploaded, posted, transmitted, or distributed in any way and you may not: (a) modify, assign, auction, lease, license or sublicense the Materials; (b) create any derivative works based upon the Site or the Materials; (c) reverse compile, decompile, reverse engineer or attempt to ascertain the source code of any software provided as part of the Materials, (d) attempt to circumvent or disable any technology, features or measures in the Materials; (e) remove any copyright or other proprietary notices from the Materials; or (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the Materials. The use of any data mining, robots or similar extraction or data gathering methods in connection with this Site is prohibited. Any rights not expressly granted herein are reserved by OneID. Other rights may be granted to you by OneID in writing or incorporated elsewhere in the Materials. Without limiting the foregoing, when using the OneID Services, you will be subject to any additional guidelines or rules applicable to certain features, which we may post from time to time (the “Guidelines”), which are also hereby incorporated by reference.
STANDARDS AND RESPONSIBILITIES
You agree that your use of the OneID Services will not (a) be false, inaccurate or misleading; (b) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (c) violate any law, statue, ordinance, contract, regulation or generally accepted practice in all relevant jurisdictions; (d) be defamatory, trade libelous, threatening or harassing; or (e) contain any viruses or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system or data.
ORDERS, PAYMENT TERMS AND CANCELLATION
VIOLATIONS AND TERMINATION
You agree that OneID may terminate or suspend your access to the OneID Services without prior notice and without liability if such termination or suspension is based on (a) OneID’s good faith belief that you have violated this Agreement, or (b) nonpayment of any fees owed to OneID. These remedies are in addition to any other remedies that OneID may have at law or in equity. OneID reserves the right to terminate the Free OneID Services at any time upon thirty (30) days prior notice (including email) and without any liability of any kind.
DISCLAIMER; NO WARRANTIES
THE ONEID SERVICES, THE MATERIALS AND THIS SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEID AND ITS SUPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ONEID AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONEID SERVICES WILL BE UNINTERUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE ONEID SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE ONEID SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICES, LOSS OF USE, OR LOSS OF DATA.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONEID, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, PROFITS OR DATA, DELAYS OR BUSINESS INTERRUPTIONS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ONEID SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ONEID’S (OR ITS AFFILIATES’, SUBSIDIARIES’, AGENTS’, OFFICERS’, DIRECTORS’, EMPLOYEES’, PARTNERS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR THE ONEID SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEEDING THE DATE OF YOUR CLAIM.
You agree to indemnify and hold OneID and its subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claim or demand, including reasonable attorneys’ fees related thereto, made by any third party due to or arising out of or in connection with your Account Information, use of the OneID Services, this Site and/or Materials, content you submit, post to, or transmit through this Site (including, without limitation, computer viruses), your violation of the rights of any third party or your breach of this Agreement.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statue applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit OneID to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all the terms of this Agreement, including any terms in relation to DISCLAIMERS; NO WARRANTIES, LIMITATION OF LIAIBLITY AND DAMAGES, and INDEMNITIFICATION.
OneID is pleased to hear from its users and welcomes your comments and suggestions related to the OneID Services and Materials (collectively, the “Feedback”). All Feedback shall be deemed, and shall remain, OneID property. None of the Feedback, even if marked confidential, shall be subject to any obligation of confidence on OneID’s part and OneID shall not be liable for any use or disclosure of any Feedback. Without limiting of the foregoing, OneID shall exclusively own all now known or hereafter existing rights to the Feedback and, regardless of whether or not the foregoing assignment is permitted by applicable law, OneID shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. OneID shall not be obligated to take any action in response to such Feedback.
THIRD PARTY WEBSITES AND CONTENT LINKED TO THIS SITE
You may utilize the OneID Services to interact with third party websites and applications that have been enabled with OneID Service functionality. In addition, when you are on this Site, you could be directed to other sites that are beyond OneID’s control. You understand and agree that OneID makes no warranties or representations with respect to, and does not control, endorse or assume responsibility for, (i) content, services or products offered by third parties; (ii) the accuracy, relevancy, copyright compliance, legality or decency of any material contained in, or content, services or products offered by third parties or (ii) the use of your Account Information by OneID-enabled websites or applications. If you decide to access any of the third party sites, or provide your Account Information to any OneID-enabled website or application, you do so entirely at your own risk and discretion.
EXPORT CONTROL LAWS
The export and re-export of OneID software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan and Syria. The exportation, re-exportation, sale or supply, directly or indirectly, from the United States, or by a U.S. person wherever located, of any OneID goods, software, technology (including technical data), or services to any of these countries is strictly prohibited without prior authorization by the U.S. Government. In addition, OneID software may not be distributed to persons on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any OneID software product you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan or Syria, or any country to which the United States embargoes goods, and that you are not a person on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
U.S. GOVERNMENT RESTRICTED RIGHTS
All OneID products and publications are commercial in nature. The software, publications and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, and other relevant sections of the Code of Federal Regulations, as applicable, OneID’s publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users only as Commercial Items with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and this Agreement.
GOVERNING LAW AND JURISDICTION
By accessing and/or using the OneID Services or this Site, you agree that all matters relating to your access to, or use of, the OneID Services, this Site and the Materials shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, and controlling U.S. federal law. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the Superior Court of San Mateo County and the United States District Court for the Northern District of California for the purposes of litigating any action at law or in equity with respect to such matters and/or arising out of or relating to this Agreement.
NOTICE OF COPYRIGHT INFRINGEMENT
OneID respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work has been used or copied in a way that constitutes a copyright infringement, and that such infringement is occurring on this Site, please provide a Notice to OneID’s Designated Agent containing the following elements:
OneID’s Designated Agent for Notice of claims may be contacted as follows:
- an electronic or physical signature of the person authorized on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed and which you request to be removed or access to which you request to be disabled;
- a description of where the material you claim is infringing is located on the OneID site;
- information sufficient to permit OneID to contact you, such as the address, telephone number, and email address of the copyright owner or the owner’s agent;
- a statement by the copyright owner or the owner’s agent that the allegation is made in the good faith belief that use, in the manner complained of, of the material identified in your Notice is not authorized by the copyright owner, its agent or the law;
- a statement by the copyright owner or the owner’s agent, made under penalty of perjury, that the information provided in the Notice is accurate and that the complaining party is the copyright owner or authorized to act on the copyright owner’s behalf.
Brian Draves/Designated Agent
Copyright Infringement Claims
OneID Inc. 900 Island Drive, Suite 204
Redwood City, CA
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