Our Terms
Last Revised: Jan 31, 2015
These Terms of Service (“Terms”) apply to your access and use of OyVeys ’s mobile
application ( the “App” ), Oyvey ’s website (“Site”), and other online products and services
(collectively, the “Service” ).
Highlights
1) Don’t post, link or otherwise make available on or through OyVey any of the following:
Content that is illegal or unlawful;
Content that may infringe or violate any rights of any party; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code.
2) Don't
Download the app or post any content if you are not over 13 years of age;
Use OyVey in any manner that could interfere with, disrupt, negatively affect or
inhibit other OyVey users or that could damage, disable, overburden or impair the
functioning of OyVey;
Collect any personal information about other users, or intimidate, threaten, stalk or
otherwise harass other OyVey users;
Circumvent or attempt to circumvent any features designed to protect OyVey, OyVey
users, or third parties.
3) We change these Terms of Service every so often. If we make changes, we will notify you
by revising the date at the top of the policy and, in some cases, provide you with additional
notice (like on our homepage or over email).
4) These terms are between you and OyVey, and not with Apple, Inc. While you may be
subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other
products, these terms are specifically between You and OyVey. Your use of the OyVey
Service is governed solely by these terms.
5) If you access or use OyVey, it means you agree to all the terms below.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So,
before you use the Service, please read all of the terms. If you don’t agree to all of the terms
below, please do not use the Service. Also, if a term does not make sense to you, please let us
know.
Changes to these Terms
We reserve the right to change this Terms of Service from time to time. For example, we may
need to change these Terms if we come out with a new feature. If we make changes, we will
notify you by revising the date at the top of the policy and, in some cases, provide you with
additional notice (such as adding a statement to our homepage or sending you an email
notification). We encourage you to review the Terms of Service periodically to stay informed
about our practices. If you continue to use the Service after the revised Terms have been
posted, then you have accepted the changes to these Terms.
Whenever we make changes to these Terms, they are effective when the revised Terms are
posted. If you continue to use the Service after the revised Terms have been posted, then you
have accepted the changes to these Terms.
Privacy Policy
For information about how we collect and use information about users of the Service, please
refer to our Privacy Policy.
Right to use the Service
OyVey grants you a limited, nonexclusive, non-transferable and revocable license to access
and use the Service. However, the App may only be used on mobile devices that you own or
control. The terms of this license will also govern any upgrades provided by OyVey that
replace and/or supplement the original App, unless such upgrade is accompanied by a
separate license, in which case the terms of that license will govern.
However, unless we expressly state otherwise, your right to use the Service does not include
(i) publicly performing or publicly displaying the Service, (ii) modifying or otherwise making
any derivative uses of the Service or any portion thereof, (iii) using any data mining, robots or
similar data gathering or extraction methods, (iv) downloading (other than page caching) of
any portion of the Service or any information contained therein, (v) reverse engineering or
access to the Service in order to build a competitive product or service, or (vi) using the
Service other than for its intended purposes. Should you do any of this, we may terminate
your use of the Service, and may have infringed the copyright and other rights of OyVey,
which may subject you to prosecution and damages.
All information, materials and content of the Service including, but not limited to, text,
graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music,
sounds, images, software, videos, designs, typefaces, source and object code, format, queries,
algorithms and other content is, between you and OyVey, owned by OyVey or is used with
permission.
Your content & conduct
You may not not post, link and otherwise make available on or through the Service any of the
following:
Content that is illegal or unlawful;
Content that may infringe or violate any patent, trademark, trade OyVey, copyright,
right of privacy, right of publicity or other intellectual or other right of any party; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the
Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or
inhibit other users from fully enjoying the Service or that could damage, disable,
overburden or impair the functioning of the Service;
Collect any personal information about other users, or intimidate, threaten, stalk or
otherwise harass other users of the Service;
Create an account or post any content if you are not over 13 years of age;
Circumvent or attempt to circumvent any filtering, security measures, rate limits or
other features designed to protect the Service, users of the Service, or third parties.
When you post, link or otherwise make available content to the Service, you grant us a
nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such content throughout the world in any manner or media, on or off the App.
Feedback
Any suggestions, comments or other feedback provided by you to us with respect to the
Service will constitute our confidential information. We will be free to use, disclose,
reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely
without obligation or restriction of any kind on account of intellectual property rights or
otherwise.
Disclaimers, Limitation of Liability and Indemnification
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE
PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND
ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED,
ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE
WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF
CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL OYVEY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE
SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us harmless from and against any and all costs,
damages, liabilities, and expenses (including attorneys’ fees) we incur we in relation to,
arising from, or for the purpose of avoiding, any claim or demand from a third party that your
use of the Service or the use of the Service by any person using your account violates any
applicable law or regulation, or the rights of any third party, and/or your violation of these
Terms.
Third Party Software
The software you download consists of a package of components, including certain third
party software (“Third Party Software” and together with the App, the “Package”) provided
under separate license terms (the “Third Party Terms”). Your use of the Third Party Software
in conjunction with the App in a manner consistent with the terms of these Terms is
permitted, however, you may have broader rights under the applicable Third Party Terms and
nothing in these Terms is intended to impose further restrictions on your use of the Third
Party Software.
Modifications to the Service
OyVey reserves the right in its sole discretion to review, improve, modify or discontinue,
temporarily or permanently, the Service and/or any features, information, materials or content
on the Service with or without notice to you. You agree that OyVey will not be liable to you
or any third party for any modification or discontinuance of the Service or any portion
thereof.
Consent to Electronic Communications
By using the Service you agree that we may communicate with you electronically regarding
administrative, security and other issues relating to your use of the Service. You agree that
any notices, agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including that such
communications be in writing. To withdraw your consent from receiving electronic notice,
please notify us at legal@getoyvey.com.
Suspension/Termination
OyVey may suspend and/or terminate your rights with respect to the Service for any reason or
for no reason at all and with or without notice at OyVey ’s sole discretion. Suspension and/or
termination may include restricting access to and use of the App. If your rights with respect to
the Service are suspended and/or terminated, you agree to make no further use of the Service
during suspension or after termination. All of the terms of these Terms (excluding the license
grant) will survive any termination or suspension.
If OyVey believes a Post you have made violates these Terms, OyVey may delete the post or
make that Post invisible to other users without notifying you. Your Post will be visible to you,
but will not appear for any other OyVey user.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
REQUIRE YOU TO ARBITRATE DISPUTES WITH OYVEY AND LIMIT THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM OYVEY.
In the event of any controversy or claim arising out of or relating in any way to these Terms
or the Service, you and OyVey agree to consult and negotiate with each other and,
recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If
we do not reach settlement within a period of 60 days, then either of us may, by notice to the
other demand mediation under the mediation rules of the American Arbitration Association in
San Francisco, California. We both give up our right to litigate our disputes and may not
proceed to arbitration without first attempting mediation, except that you and OyVey are
NOT required to arbitrate any dispute in which either party seeks equitable and other relief
from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade OyVeys or
patents. Whether the dispute is heard in arbitration or in court, you and OyVey will not
commence against the other a class action, class arbitration or other representative action or
proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation,
any unresolved controversy or claim will be resolved by arbitration in accordance with the
rules of the American Arbitration Association before a single arbitrator in San Francisco,
California. The language of all proceedings and filings will be English. The arbitrator will
render a written opinion including findings of fact and law and the award and/or
determination of the arbitrator will be binding upon the parties, and their respective
administrators and assigns, and will not be subject to appeal. Judgment may be entered upon
the award of the arbitrator in any court of competent jurisdiction. The expenses of the
arbitration will be shared equally by the parties unless the arbitration determines that the
expenses will be otherwise assessed and the prevailing party may be awarded its attorneys'
fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary
circumstances, arbitration proceedings will be concluded within 90 days from the date the
arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would
unduly prejudice the rights of the parties. Failure to adhere to this time limit will not
constitute a basis for challenging the award. Consistent with the expedited nature of
arbitration, pre-hearing information exchange will be limited to the reasonable production of
relevant, non-privileged documents, carried out expeditiously.
DMCA Copyright Policy
a. Notice.
If you are a copyright owner or an agent thereof and believe that any content available on our
Service infringes your copyrights, you may, pursuant to the Digital Millennium Copyright
Act ("DMCA"), notify our Copyright Agent by providing the following information in
writing (see 17 U.S.C § 512(c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such
as an address, telephone number and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
You acknowledge that a failure to comply with all of the above requirements will result in an
invalid notification.
b. Counter-Notice.
If you believe that your content that was removed (or to which access was disabled) is not
infringing, or that you have the aut horization from the copyright owner, the copyright owner’s
agent or pursuant to other law, to submit the content to OyVey, you may send a counter-
notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that was removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number and e-mail address and a statement that you
will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the Copyright Agent, OyVey may send a copy of the
counter-notice to the original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member, or user, the removed
content may be replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at OyVey, ltd .’s sole discretion.
NOTICE REGARDING APPLE
While you may be subject to certain terms and conditions with Apple, Inc. by using Apple’s
App Store or other products, these terms are specifically between You and OyVey. Your use
of the OyVey Service is governed solely by these terms.
Notwithstanding any terms to the contrary in these Terms, the following additional
terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and OyVey acknowledge that the terms are solely between you and OyVey, and not with
Apple, Inc. (“Apple”), and that OyVey, not Apple, is solely responsible for the Service, the
content thereof, maintenance, support services and warranty therefor, and addressing any
claims relating thereto (e.g., product liability, legal compliance or intellectual property
infringement). You acknowledge and agree that the availability of the App is dependent on
the third party from which you received the App, e.g., the Apple iPhone App Store (“App
Store”). You agree to pay all fees charged by the App Sto re in connection with the App (if
any). You further acknowledge that the usage rules for the App are subject to any additional
restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the
date you download the App. In the event of any conflict between the terms and conditions of
the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of
these Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of
Service will govern if they are more restrictive.
Scope of License
The license granted to you is limited to a non-transferable license to use the App on any
iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth
in the Apple App Store Terms of Service.
Maintenance and Support
OyVey is solely responsible for providing maintenance and support services with respect to
the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.
Warranty
You acknowledge and agree that Apple is not responsible for any product warranties, whether
express or implied by law, with respect to the App. In the event of any failure of the App to
conform to any applicable warranty, you may notify Apple, and Apple will refund the
purchase price, if any, paid to Apple for the App by you; and to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the App. You also acknowledge and agree that to the extent that there are any
applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any such applicable warranty, such will be the sole
responsibility of OyVey. However, you understand and agree that in accordance with these
Terms, OyVey has disclaimed all warranties of any kind with respect to the App, and
therefore, there are no warranties applicable to the App, except those implied by law.
Product Claims
You and OyVey acknowledge and agree that as between Apple and OyVey, OyVey, not
Apple, is responsible for addressing any of your claims or any third party claims relating to
the App or your possession and/or use of the App, including, but not limited to: (i) product
liability claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation.
Intellectual Property Rights
You and OyVey acknowledge and agree that, in the event of any third party claim that the
App or your possession and use of the App infringes that third party’s intellectual property
rights, OyVey, and not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim to the extent
required under these Terms.
Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
Developer Name and Address
Any end-user questions, complaints or claims with respect to the App should be directed to:
OyVey, ltd.
Palo Alto, CA 94301
Email: legal@getoyvey.com
Third Party Beneficiary
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of
these Terms, Apple will have the right (and will be deemed to have accepted the right) to
enforce any of the terms and conditions of these Terms against you as a third party
beneficiary thereof.