Introduction
These Terms of Use are applicable to your access to and use of www.olivestation.com and all other websites operated by or on behalf of Tendercel, Inc. that link to or incorporate these Terms of Use (the “Online Services”). Your access to and use of the Online Services are subject to these Terms of Use, regardless of whether you possess or create an account through or on the Online Services linked to your name and/or contact information (“Olivestation Account”).
By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Online Services.
Please note that when you create an Olivestation Account on Olivestation.com you are additionally subject to Olivestation’s End User Agreement, which also governs your use of any product that uses the Olivestation platform. To the extent you have an Olivestation Account and a conflict arises between these Terms of Use and Olivestation’s End User Agreement, Olivestation’s End User Agreement shall govern.
CHANGES TO THESE TERMS OF USE
We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Online Services.
1. PRIVACY POLICY AND CONSENT TO USE OF DATA
Olivestation’s privacy policy, available at www.Olivestation.com/about/privacy (“Privacy Policy”), explains Olivestation’s policies regarding the collection, use, and disclosure of information provided by or collected from you via the Online Services. By agreeing to be bound by these Terms of Use, you are agreeing to the collection, use, and disclosure of your information as described in the Privacy Policy. You should review the Privacy Policy before using the Online Services. The policies and other content of the Olivestation web pages may be changed by Olivestation in its sole discretion, without notice to you.
2. INTELLECTUAL PROPERTY
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on the Online Services (collectively, “Content”) are owned, controlled, or licensed by or to Olivestation, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws.
No license to or right in any such Content is granted to or conferred upon you, except as expressly provided in these Terms of Use. Also, you are not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Online Services, without Olivestation’s express prior written consent.
Notwithstanding the above, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
3. Olivestation Trademark Guidelines
All Olivestation trademarks are the exclusive property of Tendercel. Unauthorized use of any Olivestation trademark, service mark, or logo will be a violation of federal and state and applicable foreign trademark laws. By accepting these Terms of Use you acknowledge that you understand and agree to comply with the Olivestation Trademark Guidelines.
4. PURCHASES
If you wish to purchase any products or services made available through the Online Services, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”).BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying your Personal Financial Information, you authorize the use and disclosure of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing. You also understand and acknowledge that Tendercell may use a third-party payment processor to process credit card payments on our behalf, and when you supply Personal Financial Information in connection with a purchase, you agree that Olivestation is not responsible for the security of such information when it is in the control of the third-party payment processor.
By placing an order for any product or service through the Online Services, represent that you are abiding by Olivestation’s Terms of Use in that - the products and/or services ordered will be used only in a lawful manner. Olivestation reserves the right, with or without prior notice, to do any one or more of the following:
- limit the available quantity of or discontinue any product or service
- Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion
- Bar any user from making or completing any or all transaction(s)
- Refuse to provide any user with any product or service.
You agree to pay all charges that may be incurred by you or on your behalf through the Online Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
5. YOUR PROVISION OF CONTACT AND ACCOUNT INFORMATION TO US
When you provide information about yourself to us, such as when you create a Roku Account, you agree to:
- Provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and,
- Maintain and promptly update such information to keep it accurate, current, and complete.
If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Olivestation Account you establish and/or to refuse any or all current or future use of the Online Services or any portion thereof.
6. USER-PROVIDED CONTENT
You understand that all information, data, or other materials that you or another user provide in connection with the Online Services or otherwise communicate to us ("User-Provided Content"), including, but not limited to, product reviews and content posted to any user forums we make available, are the sole responsibility of you or the person from whom such User-Provided Content originated.
This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is misleading, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Online Services.
By submitting any User-Provided Content to Olivestation, you represent and warrant that:
- You own or control all rights to User Provide Content you post on the Online Services;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity; and
- You are at least 13 years old.