Welcome to oylus.com! Please take a few minutes to read these terms and conditions ("Terms"). These Terms apply to your access to and use of the oylus.com website, all other websites, mobile sites, services, applications, platforms and other tools that appear or otherwise reference these Terms or that do not provide separate terms, and other places you visit or interact with us (collectively, the "Website").
As used in the Terms and on the Site, "oylus.com, Oylus, Site, We, Us" refers to Oylus. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.
We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means in our sole discretion. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner.
From time to time, we may present you with additional terms and conditions for specific services, programs or products (“Additional Terms”). In the event those Additional Terms may conflict with or be inconsistent with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control.
You must be at least 13 years old to use the Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Site and our mobile applications with permission from your parent or legal guardian.
You may be required to register with Us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.
Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
The Site, including all of its information and content, such as names, logos, photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layouts, forms, music, sounds, messages, software and the code used to generate the pages of the Site and any other materials that appear on the Site (collectively, the “Materials”), are the property of Oylus or our authorized suppliers or licensors and are protected by U.S. and/or foreign intellectual property and other applicable laws. Our intellectual property is registered in the U.S. and abroad. Unless otherwise provided on the Site or by law, you may not download, upload, copy, print, display, reuse, reproduce, publish, license, post, distribute, modify, create derivative works from, sell or otherwise exploit or use any of the Materials from the Site, in whole or in part, for any public or commercial purpose without Oylus’s prior express written permission. We are the owner and/or authorized user of the Oylus brand and any other registered or unregistered trademarks, trade names, logos, designs, titles and product names that appear on the Site, and are the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
We grant you a personal, limited, non-exclusive, non-transferable license to access and make personal use of the Site and the materials and other information contained on the Site. This license does not include, and we expressly prohibit: any resale or commercial use of the Site; any collection or commercial use of any photos or other materials posted on the Site; any non-personal use of our product names, listings, descriptions or prices; any derivative use of the Site; downloading, copying or otherwise using the Site or the Materials for the benefit of any third party; or using data mining, robots, data gathering and extraction tools (whether automatic or manual) or other means not intentionally made available by us, including developing or improving any software programs, algorithms or machine learning or artificial intelligence models. We reserve the right to take steps to prevent any such activities. You may use the Site only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The license we grant you will automatically terminate if you fail to comply with these Terms.
You are responsible for your own use of the Site and any use of the Site using your account. Our goal is to create a positive, useful and safe user experience. To achieve this goal, we prohibit certain behaviors that may be harmful to other users or to us. When you use the Site, you may not:
• Violate any law or regulation;
• Infringe, violate or misappropriate the intellectual property, privacy, publicity or other legal rights of others;
• Post or share any unlawful, abusive, harassing, defamatory, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content;
• Engage in spidering or harvesting, or engage in the use of software (including spyware) designed to collect data from the Site or mobile applications;
• Transmit any viruses or other computer instructions or technological means designed to disrupt, damage or interfere with the use of computers or related systems;
• Use any means to scrape or crawl any page contained on the Site;
• Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including other users) to protect the Site;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Site; or
• Advocate, encourage or assist any third party in doing any of the foregoing.
The Website and all content available thereon are provided on an "as is" and "as available" basis without warranty of any kind, whether express, implied, statutory or otherwise, including, but not limited to, warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or arising from a course of dealing or usage of trade, to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, you acknowledge and agree that your use of the Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment associated with your use, and that Oylus Corporation and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents and licensors ("Affiliates") shall not be liable for any damages related to your use of the Website or our mobile applications.
To the fullest extent permitted by applicable law, Oylus and its affiliates assume no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site; (c) unauthorized access to or use of our servers or any personal information or user data; (d) interruption of transmission to or from the site; (e) any bugs, viruses, trojan horses, or the like transmitted on or through the site by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared via the site.
We try to resolve any dispute without initiating a formal legal action. You agree that before submitting any dispute or claim to arbitration, you and we will both make good faith efforts to resolve the dispute informally, including at least one telephone or video conference conversation between you and us. In order to make a good faith effort to resolve the dispute informally, you agree to notify us by email of the nature of the dispute, the basis for the claim, and the resolution you seek (including any amount), with as much detail as possible so that we have a full understanding of the dispute. Within sixty (60) days of our receipt of this notice, you agree to make good faith efforts to resolve the dispute, including by participating in person in a telephone or video conference with us. If you prefer, you may have an attorney accompany you on the call. If the dispute is not resolved within sixty (60) days (which period may be extended by mutual agreement), you or we may commence arbitration to resolve the dispute in accordance with the procedures set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to commencing arbitration. You and we agree that while the parties are engaged in this informal dispute resolution process, any applicable statute of limitations and filing fee deadlines starting on the date we receive your notice will be suspended. A court of competent jurisdiction shall have the power to enforce this precondition to arbitration, including the power to enjoin the filing or enforcement of an arbitration claim.