Terms of use
TERMS OF SERVICE
1. ACCEPTANCE
You agree that by registering on ONNIBAC, or by using the ONNIBAC website, our mobile applications and our content or services (collectively, the “Services”), you are entering into a legally binding agreement with ONNIBAC (“we,” “us,” “our,” and “ONNIBAC”) based on the terms of these ONNIBAC Terms of Service, the ONNIBAC Privacy Policy, the ONNIBAC Do´s and Don’ts Rules, and any other ONNIBAC guidelines, policies or rules, all of which are hereby incorporated by reference (collectively referred to as the “Terms of Service”), and become a ONNIBAC user (“you,” “yours,” and “User”).
If you do not want to register an account and become a User, do not accept these Terms of Service, do NOT click “Join Now” and do not access, view, download or otherwise use the Services. By clicking “Join Now,” you acknowledge that you have read and understood the terms and conditions of these Terms of Service and that you agree to be bound by all of its provisions.
These Terms of Service may be updated by us from time to time. Please click here for the relevant translated versions of the Terms of Service. You can review the most current version of this Terms of Service at any time in English at: www.onnibac.com/legal.html.
2. SERVICE ELIGIBILTY
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are of legal age to execute a binding contract and are not a person barred from receiving the Services under the laws of the applicable jurisdiction; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ONNIBAC account; and (3) agree to provide at your cost all equipment, software, and Internet access necessary to use the Services. If you are not eligible you must NOT click “Join Now” and do not access, view, download or otherwise use any ONNIBAC product, ONNIBAC does not give you permission to use the Service.
3. REGISTRATION PROCESS
You agree to: (1) (a) provide true, accurate, current and complete information about yourself as prompted by the ONNIBAC Service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; (2) keep your password secure and confidential; (3) not permit others to use your account, your ID and/or password; (4) refrain from using other Users’ accounts; (5) refrain from selling, trading or otherwise transferring your ONNIBAC account to another party; and (6) refrain from charging anyone for access to the Services, or any information therein.
Furthermore, it is the User’s duty to immediately notify ONNIBAC of any circumstances which may lead to the improper use of identifying data and/or passwords, such as theft, loss or non-authorised access, so that ONNIBAC can proceed with immediate cancellation. Without limitation to any other provision hereof, for the duration of any such period during which any such circumstances are not communicated to ONNIBAC, ONNIBAC will be exempt from any responsibility which could derive from the improper use of the identifying data or use or misuse of passwords by third parties.
As a consequence, you are exclusivley responsible for anything that happens through your account until you close it or prove that your account security has been compromised due to no fault of your own. To close your account, please click here.
4. SERVICES
A) Description.
Via the Services we provide you with web and mobile access to a rich collection of resources and information, including without limitation various communications tools, forums, alert services, search services, personalized content and branded programming. The Services may be accessed through any number of various media or devices, now known or hereafter developed. Different features may be available in different versions of the Services and not all features may be available in your country or region. Also, not all features may be available if you are not using the latest updated version of the ONNIBAC mobile application.
You understand and agree that the Services may include advertisements and that these advertisements are necessary for ONNIBAC to provide the Services. You also understand and agree that the Services may include certain communications from ONNIBAC, such as service announcements, administrative messages and newsletters, and that these communications are considered part of ONNIBAC and that you will not be able to access the full features of the Services if you decide to opt out of receiving them.
Please review your Settings to edit your data and preferences.
B) Term of Use.
Provided that you comply with all your obligations under these Terms of Service, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express consent of ONNIBAC or its Users), view information and use the Services that we provide in accordance with these Terms of Service. Any other use of ONNIBAC contrary to our mission and purpose (such as commercial use of information gathered from ONNIBAC, unless expressly authorized by ONNIBAC) is strictly prohibited and is considered a violation of these Terms of Service.
C) Services Availability.
For as long as ONNIBAC continues to offer the Services, ONNIBAC shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ONNIBAC as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Service. We may modify, replace, refuse access to, suspend or discontinue ONNIBAC, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users, at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. ONNIBAC further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice, if deemed by ONNIBAC to be contrary to these Terms of Service. For avoidance of doubt, ONNIBAC has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.
D) Payment.
Unless otherwise stated, the access and use of the Services by Users is free. However, ONNIBAC reserves the right, in its sole discretion, to request economic consideration for access and use of the Services. Should this occur, ONNIBAC will provide Users with the applicable particular conditions and the relevant notice, so that Users may be able to voluntarily terminate the access and/or use of such of those Services that imply the payment of the said consideration. Once the applicable particular conditions come into force, the access and/or use of the Services by the User will imply the User’s acceptance, without reservation, of the respective particular conditions.
5. PRIVACY
You should carefully read our Privacy Policy before deciding to become a User as it is hereby incorporated into these Terms of Service by reference, and governs our processing of any information, including personally identifiable information you submit to us or we collect from you.
Please click here for the Privacy Policy.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
A) Your submissions to ONNIBAC.
ONNIBAC does not claim ownership of content you submit or make available for inclusion on the Services, including, but not limited to, any user generated content (i.e, images, comments or tags), ideas, concepts, techniques or data to the Services (collectively, Content). However, with respect to Content that you submit or make available for inclusion on the Services, you grant ONNIBAC a worldwide, royalty-free and non-exclusive license(s) in order to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Services solely for the purpose for which such content was submitted or made available. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
B) Communication and sharing.
ONNIBAC offers various forums, where you can post your observations and comments on designated topics. ONNIBAC also enables sharing of information by allowing users to post updates, including links to news articles, product recommendations, and other content to their profile and other parts of the site. ONNIBAC may close, or remove content from such forums if the content violates these Terms of Service or others’ intellectual property rights.
Please note that Content you post and information you share may be seen and used by other Users, and ONNIBAC cannot guarantee that other Users will not use the Content and information you share on ONNIBAC. Therefore, if you have any Content or information that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not make it available through the Services. ONNIBAC is not responsible for a user’s misuse or misappropriation of any content or information you post in any onnibac community forums.
C) Third Party Sites and Developers.
ONNIBAC may include links to third party web sites (“Third Party Sites”). ONNIBAC also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality to the Services.
You are responsible for evaluating whether you want to access or use a third party site or platform application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it or across it, because you may give the operator permission to use your information in ways we would not.
ONNIBAC is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. ONNIBAC also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that these Terms of Service does not apply to your use of any Third Party Site or Developer Application.
Important: If you allow an Platform Application or Third Party Site to authenticate to or connect with your ONNIBAC account, that application or website can access information on ONNIBAC related to you and your connections.
For additional information regarding Platform Developers and Platform Applications, please refer to ONNIBAC’s Privacy Policy.
D) Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that onnibac shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services.
7. ONNIBAC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Services by any means other than through the use of the Software. We reserve all rights not expressly granted in these Terms of Service, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ONNIBAC and all related items, including any and all copies made of the ONNIBAC website. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Software and your ONNIBAC account).
8. DISCLAIMER OF WARRANTIES
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Onnibac does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by the users. Therefore, onnibac disclaims all liability for identity theft or any other misuse of your identity or information.
Onnibac is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through onnibac to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
You are solely responsible for your interactions with other users. Onnibac reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if onnibac determines, in our sole discretion, that doing so is necessary to enforce these terms of service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content is originated. This means that you, and not onnibac, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the services. Onnibac does not control the content posted via the services and, as such, does not guarantee the accuracy, integrity or quality of such content.
You understand that by using the services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will onnibac be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services.
Do not rely on onnibac, any information therein, or its continuation. We provide the platform for onnibac and all information and services on an “as is” and “as available” basis. You acknowledge that onnibac may or may not pre-screen content, but that onnibac and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the services. Without limiting the foregoing, onnibac and its designees shall have the right to remove any content that violates these terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by onnibac or submitted to onnibac, including without limitation information in onnibac message boards and in all other parts of the services.
We disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by onnibac or anything related to onnibac, you may close your onnibac account and terminate these terms of service in accordance with section 11 (“termination”) and such termination shall be your sole and exclusive remedy.
Onnibac does not guarantee that the services will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Onnibac disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, onnibac disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the onnibac site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
9. LIMITATION OF LIABILITY
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
Neither onnibac nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“onnibac affiliates”) shall be cumulatively liable for (a) any damages in excess of two times the purchase price that you paid for services, if any, or us $300, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the service, any platform applications or any of the content or other materials on, accessed through or downloaded from onnibac. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.
This limitation of liability shall: (i) apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail in their essential purpose; (ii) not apply to any damage that onnibac may cause you intentionally or knowingly in violation of these terms of service or mandatory applicable law.
10. INDEMNITY
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms of Service, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through ONNIBAC.
11. TERMINATION
You may terminate these Terms of Service, for any or no reason, at any time, with notice to ONNIBAC by cancelling the account. ONNIBAC may terminate these Terms of Service and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice.
You agree that ONNIBAC may, without prior notice, immediately terminate, limit your access to or suspend your ONNIBAC account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (1) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (2) abuses or misuses of the Services, (3) requests by law enforcement or other government agencies, (4) discontinuance or material modification to the Services (or any part thereof), (5) unexpected technical or security issues or problems, (6) extended periods of inactivity, (7) engagement by you in fraudulent or illegal activities, and/or (8) non-payment of any applicable fees or charges, if any. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ONNIBAC sole discretion and that ONNIBAC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
Misuse of the Services includes using the Services commercially without ONNIBAC’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts Rules, or any other behavior that ONNIBAC, in its sole discretion, but reasonably, deems contrary to its purpose. In addition, and without limiting the foregoing, ONNIBAC has adopted a policy of terminating accounts of Users who, in ONNIBAC’s sole discretion, are deemed to be repeat copyright infringers.
Termination of your ONNIBAC account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
12. GOVERNING LAW AND DISPUTE RESOLUTION
Some countries do not allow the submission to the governing law and jurisdicition in contracts with consumers and as a result this section may not apply to you.
These Terms of Service or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms of Service shall be governed by the laws of the United Arb Emirates regardless of your country of origin or where you access ONNIBAC, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and ONNIBAC agree that all claims arising out of or related to these Terms of Service must be resolved exclusively by a court located in the United Arab Emirates, except as otherwise agreed by the parties. You and ONNIBAC agree to submit to the personal jurisdiction of the courts located within United Arab Emirates, for the purpose of litigating all such claims. Notwithstanding the above, you agree that ONNIBAC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13. GENERAL TERMS
A) Severability.
If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service will not be affected in any way.
B) Language.
Some countries do not allow the prevalence of the engligh language version in contracts with consumers and as a result this section may not apply to you.
Where ONNIBAC has provided you with a translation of the English language version of these Terms of Service, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service, the Privacy Policy, and any other documentation, will govern your relationship with ONNIBAC.
C) Notices and Service of Process.
For purposes of service messages and notices about the Services to you, ONNIBAC may place a banner notice across the Services to alert you to certain changes such as modifications to these Terms of Service. Alternatively, notice may consist of an email from ONNIBAC to an email address associated with your account, even if we have other contact information. You also agree that ONNIBAC may communicate with you, through your ONNIBAC account or through other means including email, mobile number, telephone, or delivery services including the postal service, about your ONNIBAC account or services associated with ONNIBAC. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Please review your Settings to control what kind of messages you receive from ONNIBAC.
D) Entire Agreement.
You agree that these Terms of Service constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services, third-party content or third party software.
E) No informal waivers, agreements or representations.
Our failure to act with respect to a breach of these Terms of Service by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms of Service, no representations, statements, consents, waivers or other acts or omissions by ONNIBAC shall be deemed legally binding on ONNIBAC, unless documented in a physical written document and hand signed by a duly appointed officer of ONNIBAC.
F) No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
G) Assignment.
You may not assign or delegate any rights or obligations under these Terms of Service. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, for any third party that assumes our rights and obligations under these Terms of Service. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
H) Notify us of acts contrary to the Terms of Service.
If you believe that you are entitled or obligated to act contrary to these Terms of Service under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to these Terms of Service, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
14. ABUSE AND RIGHTS INFRINGEMENT REPORTING
ONNIBAC does all it can to prevent abuse and infringement of rights by use of the Service. As you understand, due to the fact that a great part of the content on our website is uploaded and made available by the Users and third party providers, we do not have control over all content that is uploaded or made available. If you have a complaint regarding any content uploaded to or made available in our Service, please notify us and we will deal with it immediately.
To provide a claim of abuse and/or infringement of rights, please click here.