TERMS OF USE
Last updated October 3, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Oakley Official Limited, doing business as Oakley Meets ('Company', 'we', 'us', or 'our'), a company registered in Ireland at 71a Kill Abbey, Kill Of The Grange, Dublin, Ireland, Dublin, County Dublin A94F9F8
.
We operate the website https://oakleyofficial.com (the 'Site'), the mobile application Oakley Meets (the
'App'), as well as any other related products and services that refer or
link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
OAKLEY MEETS (THE 'APP') AND WEBSITE (THE 'SITE') AND ANY OTHER PRODUCT
AND SERVICES PROVIDED BY OAKLEY OFFICIAL LIMITED ARE TO BE USED BY OVER
18'S ONLY. ANY USER, BY AGREEING TO THE TERMS OF USE, AGREE TO USE THE
SERVICES OF THE 'APP' AND OR 'WEBSITE' SAFELY. ANY USER, BY AGREEING TO
THE TERMS OF USE, WILL THEREFORE TAKE FULL RESPONSIBILITY FOR THEIR OWN
BEHAVIOUR AND THAT OF THE DOG UNDER THEIR CONTROL.
You can contact us by phone at (+353)838119077, email at ceo@oakleyofficial.com, or by mail to 71a Kill Abbey, Kill Of The Grange, Dublin, Ireland, Dublin, County Dublin A94F9F8, Ireland.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ('you'), and Oakley Official Limited, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the 'Last
updated' date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility
to periodically review these Legal Terms to stay informed of updates. You will
be subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
The Services are intended for
users who are at least 18 years old. Persons under the age of 18 are
not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the 'Content'), as well as the
trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for
your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section
below, we grant you a non-exclusive, non-transferable, revocable licence to: - access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal,
non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please
address your request to: ceo@oakleyofficial.com. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that
any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section
carefully prior to using our Services to understand the (a) rights you give
us and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute,
or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material
('Contributions'). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a licence (including
use of your name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without limitation,
your image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicence
the licences granted in this section. Our use
and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide.
You are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through
the Services by linking your account through the Services to any of your
social networking accounts, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and
will not post, send, publish, upload, or transmit through the Services
any Submission nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or
Contribution;
- warrant that any such Submission and/or
Contributions are original
to you or that you have the necessary rights and licences
to submit such Submissions and/or Contributions and that you have full authority
to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse
us for any and all losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we have no obligation
to monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we consider
such Contributions harmful or in breach of these Legal Terms. If we remove
or edit any such Contributions, we may also suspend or disable your account
and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the
'
'
section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Services (or any portion thereof).
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise
objectionable.
All purchases are non-refundable.
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be
in Euros.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts
upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed
by dealers, resellers, or distributors.
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
- Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent, disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
- Use any information obtained from the Services in
order to harass, abuse, or harm another person.
- Make improper use of our support services or submit
false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any
applicable laws or regulations.
- Engage in unauthorised framing
of or linking to the Services.
- Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Services.
- Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering
and extraction tools.
- Delete the copyright or other proprietary rights
notice from any Content.
- Attempt to impersonate another user or person or
use the username of another user.
- Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes
referred to as 'spyware' or 'passive collection mechanisms'
or 'pcms').
- Interfere with, disrupt, or create an undue burden
on the Services or the networks or services
connected to the Services.
- Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Services to you.
- Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including but
not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a
part of the Services.
- Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make
purchases on the Services.
- Make any unauthorised use
of the Services, including collecting usernames and/or
email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and
services.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information
or other material (collectively, 'Contributions'). Contributions may be
viewable by other users of the Services and through
third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and
non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of
any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and
permissions to use and to authorise us, the Services,
and other users of the Services to use your Contributions in any
manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or publicity
rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
- Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or
any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant
and authorise sublicences of the foregoing. The use and distribution
may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology
now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree
to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in
more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organise a campaign encouraging others
to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable
right and licence to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating
to review.
10. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the App on wireless electronic devices owned or controlled by
you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application licence contained
in these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate
any applicable laws, rules, or regulations in connection with your access
or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces
or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted to you for our App is limited to a
non-transferable licence to use the application on a device that utilises
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms
of service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions
of this mobile application licence contained in these Legal Terms
or as otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any maintenance
and support services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or that has been designated
by the US government as a 'terrorist supporting' country and
(ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement
when using the App, e.g. if you have
a VoIP application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge and
agree that the App Distributors are third-party beneficiaries of the terms
and conditions in this mobile application licence contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile
application licence contained in these Legal Terms against you
as a third-party beneficiary thereof.
11. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with
advertisers.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://oakleyofficial.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in Ireland. If you access the Services from any
other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable
laws in Ireland, then through your continued use of
the Services, you are transferring your data to Ireland, and you expressly consent to have
your data transferred to and processed in Ireland.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Services. We will not be liable
to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
16. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws
of Ireland, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the
law in your country to residence. Oakley Official Limited and yourself both agree to submit to the non-exclusive jurisdiction of
the courts of Leinster, Dublin, which
means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in Ireland, or in the EU country in which you reside.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us
(individually, a 'Party' and
collectively, the 'Parties'), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Dublin, Ireland.
The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Ireland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilise class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USDURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected
via the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defence and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defence of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defences you may
have based on the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
Oakley Official Limited
71a Kill Abbey, Kill Of The Grange, Dublin, Ireland
Dublin, County Dublin A94F9F8
Ireland
Phone: (+353)838119077
ceo@oakleyofficial.com