Version 1.1
The oraorauwu website located at https:// oraorauwu.blogspot.com/
is a copyrighted work belonging to https:// oraorauwu.blogspot.com/. Certain
features of the Site may be subject to additional guidelines, terms, or rules,
which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
These Terms of Use described the legally
binding terms and conditions that oversee your use of the Site. BY LOGGING
INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that
you have the authority and capacity to enter into these Terms. YOU SHOULD
BE AT LEAST 10 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE
PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration
Section 10.2 on an individual basis to resolve disputes and also limit the
remedies available to you in the event of a dispute.
Access to the Site
Subject
to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site solely for your
own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the Site;
(b) you shall not change, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the
Site in order to build a similar or competitive website; and (d) except as
expressly stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means unless otherwise indicated, any future release, update, or
other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be
retained on all copies thereof.
Company reserves the right to change, suspend,
or cease the Site with or without notice to you. You approved that
Company will not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation
to provide you with any support in connection with the Site.
Excluding any User Content that you may
provide, you are aware that all the intellectual property rights, including
copyrights, patents, trademarks, and trade secrets, in the Site and its content
are owned by Company or Company’s suppliers. Note that these Terms and access
to the Site do not give you any rights, title or interest in or to any
intellectual property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in these
Terms.
Third-Party Links & Ads; Other Users
Third-Party
Links & Ads. The Site may contain links to
third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control
of Company, and Company is not responsible for any Third-Party Links &
Ads. Company provides access to these Third-Party Links & Ads only as
a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links & Ads.
You use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering
practices.
Other Users. Each Site user is solely responsible for any
and all of its own User Content. Because we do not control User Content,
you acknowledge and agree that we are not responsible for any User Content,
whether provided by you or by others. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
You hereby release and forever discharge the
Company and our officers, employees, agents, successors, and assigns from, and
hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site. If you
are a California resident, you hereby waive California civil code section 1542
in connection with the foregoing, which states: "a general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, oraorauwu uses
‘cookies’. These cookies are used to store information including visitors’
preferences, and the pages on the website that the visitor accessed or visited.
The information is used to optimize the users’ experience by customizing our
web page content based on visitors’ browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our
site. It also uses cookies, known as DART cookies, to serve ads to our site
visitors based upon their visit to www.website.com and other sites on the
internet. However, visitors may choose to decline the use of DART cookies by
visiting the Google ad and content network Privacy Policy at the following URL
– https://policies.google.com/technologies/ads
Disclaimers
The
site is provided on an "as-is" and "as available" basis,
and company and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement. We and our
suppliers make not guarantee that the site will meet your requirements, will be
available on an uninterrupted, timely, secure, or error-free basis, or will be
accurate, reliable, free of viruses or other harmful code, complete, legal, or
safe. If applicable law requires any warranties with respect to the site,
all such warranties are limited in duration to ninety (90) days from the date
of first use.
Some jurisdictions do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you. Some
jurisdictions do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you.
Limitation on Liability
To the
maximum extent permitted by law, in no event shall company or our suppliers be
liable to you or any third-party for any lost profits, lost data, costs of
procurement of substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising from or relating to these terms
or your use of, or incapability to use the site even if company has been
advised of the possibility of such damages. Access to and use of the site
is at your own discretion and risk, and you will be solely responsible for any
damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding
anything to the contrary contained herein, our liability to you for any damages
arising from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim
will not enlarge this limit. You agree that our suppliers will have no
liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will
remain in full force and effect while you use the Site. We may suspend or
terminate your rights to use the Site at any time for any reason at our sole
discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any termination of
your rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company
respects the intellectual property of others and asks that users of our Site do
the same. In connection with our Site, we have adopted and implemented a
policy respecting copyright law that provides for the removal of any infringing
materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you
believe that one of our users is, through the use of our Site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:
- your physical or electronic
signature;
- identification of the copyrighted
work(s) that you claim to have been infringed;
- identification of the material on
our services that you claim is infringing and that you request us to
remove;
- sufficient information to permit
us to locate such material;
- your address, telephone number,
and e-mail address;
- a statement that you have a good
faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law; and
- a statement that the information
in the notification is accurate, and under penalty of perjury, that you
are either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner.
Please
note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact in a written notification automatically subjects the complaining party to
liability for any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of copyright
infringement.
General
These
Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address
you provided to us and/or by prominently posting notice of the changes on our
Site. You are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you have provided
us is not valid our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the
notice. Any changes to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail notice to you or
thirty (30) calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our
Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes. Dispute Resolution. Please read this
Arbitration Agreement carefully. It is part of your contract with Company and
affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the
Terms or the use of any product or service provided by the Company that cannot
be resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings shall
be held in English. This Arbitration Agreement applies to you and the
Company, and to any subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute
Resolution. Before either
party may seek arbitration, the party must first send to the other party a
written Notice of Dispute describing the nature and basis of the claim or
dispute, and the requested relief. A Notice to the Company should be sent
to: Nepal. After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of
any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which
either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the
American Arbitration Association, an established alternative dispute resolution
provider that offers arbitration as set forth in this section. If AAA is
not available to arbitrate, the parties shall agree to select an alternative
ADR Provider. The rules of the ADR Provider shall govern all aspects of
the arbitration except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of
the ADR Provider.
Additional Rules for Non-Appearance Based
Arbitration. If non-appearance
based arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be
chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the
arbitration action must be initiated and/or demanded within the statute of
limitations and within any deadline imposed under the AAA Rules for the
pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator
will decide the rights and liabilities of you and the Company, and the dispute
will not be consolidated with any other matters or joined with any other cases
or parties. The arbitrator shall have the authority to grant motions dispositive
of all or part of any claim. The arbitrator shall have the authority to
award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY, instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement. Arbitration procedures are
typically more limited, more efficient and less expensive than rules applicable
in a court and are subject to very limited review by a court. In the event
any litigation should arise between you and the Company in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND
THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute
be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of
this arbitration agreement must be arbitrated or litigated on an individual
basis and not on a class basis, and claims of more than one customer or user
cannot be arbitrated or litigated jointly or consolidated with those of any
other customer or user.
Confidentiality. All aspects of the arbitration proceeding
shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set
forth in this Arbitration Agreement may be waived by the party against whom the
claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration. A request for interim measures shall
not be deemed a waiver of any other rights or obligations under this
Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade
secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located
within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control
laws and may be subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
Company is located at the address in Section
10.8. If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications would
satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word "including"
means "including without limitation". If any provision of these Terms
is held to be invalid or unenforceable, the other provisions of these Terms
will be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent permitted by
law. Your relationship to Company is that of an independent contractor,
and neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in violation
of the foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All
trademarks, logos and service marks displayed on the Site are our property or
the property of other third-parties. You are not permitted to use these Marks
without our prior written consent or the consent of such third party which may
own the Marks.
Contact Information
Address: Nepal
Email: us.sparcate@gmail.com