Welcome to ONEDERFUL. ONEDERFUL is comprised of various web sites and web pages operated by ONEDERFUL, Inc. or its business partners ("Partners").
In addition, when using particular ONEDERFUL web sites or services, you and ONEDERFUL shall be subject to any posted guidelines or rules applicable to such sites or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by this TOU, and indicate such agreement
by any use of ONEDERFUL Sites and services.
If you do not agree to these TOU, do not access and use the ONEDERFUL Sites and services.
PERMITTED USE. Subject to these TOU, ONEDERFUL hereby grants you the right to access and use the ONEDERFUL Sites. Unless otherwise specified herein, or agreed-upon by ONEDERFUL, the ONEDERFUL Sites are for your personal, non-commercial use only. ONEDERFUL retains all rights with respect to the ONEDERFUL Sites except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on the ONEDERFUL Sites unless specifically authorized in writing by ONEDERFUL to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the ONEDERFUL Sites. Such framing is strictly prohibited under this Agreement. The content and software on the ONEDERFUL Sites are the proprietary property of ONEDERFUL and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. The names of actual companies and products listed on the ONEDERFUL Sites may be the trademarks of their respective owners.
LINKS TO THIRD PARTY SITES. The ONEDERFUL Sites may contain links or produce search results that reference links to third party web sites ("Linked Sites"). ONEDERFUL has no control over these Linked Sites or the content within them. ONEDERFUL cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. ONEDERFUL does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the ONEDERFUL Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against ONEDERFUL for any damages or losses whatsoever resulting from such use.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the ONEDERFUL Sites, you warrant to ONEDERFUL that you will not use the ONEDERFUL Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the ONEDERFUL Sites in any manner that could damage, disable, overburden, or impair the ONEDERFUL Sites or interfere with any other party's use and enjoyment of the ONEDERFUL Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ONEDERFUL Sites.
PRIVACY AND DISCLOSURE OF INFORMATION. If you post any content to the ONEDERFUL Sites, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the ONEDERFUL Sites, you authorize us to use and allow others to use, distribute, and reproduce the content.
ONEDERFUL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in ONEDERFUL's sole discretion.
OWNERSHIP OF SUBMITTED CONTENT. You agree that any and all information and content that you provide to the ONEDERFUL Sites becomes the exclusive property of ONEDERFUL, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to ONEDERFUL upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
WARRANTY DISCLAIMER. ONEDERFUL does not promise that the ONEDERFUL Sites will be error-free, uninterrupted, nor that the ONEDERFUL Sites will provide specific results from your use of any content, search or link on them. The ONEDERFUL Sites and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. ONEDERFUL does not warrant or represent that files you download from the ONEDERFUL Sites will be free of viruses or other harmful features. ONEDERFUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ONEDERFUL, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ONEDERFUL SITES. IN NO EVENT SHALL ONEDERFUL'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF ONEDERFUL'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE ONEDERFUL SITES EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO ONEDERFUL FOR ACCESSING THIS SITE.
ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and (c) you will only use the ONEDERFUL Sites in accordance with these TOU.
INDEMNITY. You agree to indemnify and hold ONEDERFUL and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. ONEDERFUL respects the intellectual property of others, and we ask you to do the same.
GENERAL. This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California and further agree that any cause of action arising under this Agreement shall be brought in such venue. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ONEDERFUL, Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.