PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A CONTRACT, BY USING THIS SITE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Welcome
Welcome! Thank you for your interest in our services.
We,OCTSQUARE Co., Ltd. and/or its affiliates (“we” “our” or “OCTSQUARE”), provide a variety of features, apps, and services, that you can enjoy with our mobile devices, TVs, and other products, listed here (“Services”), and these Terms and Conditions (“Terms”) will cover your use of our Services.
If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
Our mission is to empower our students with the systems, tools, training, and resources needed to exploit their inner talents and abilities so that they can create a sustainable life. All decisions we make are based on this mission.
Welcome to the oct square website. The following user agreement (the “User Agreement”) contains the terms and conditions that govern your use of the Website and our Services (as defined below). This User Agreement describes your rights and responsibilities, as well as what you can expect from the Website and our Services.
If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained on the Website.
OCTSQUARE owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this User Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this user Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your user. Your express consent or continued use of the Website or our Services following the posting of a change notice or a new user Agreement on the Website will constitute binding acceptance of the changes.
ENTIRE AGREEMENT / SEVERABILITY
These Terms, our Privacy Policy, any additional terms that accompany our Services, any amendments, and any additional agreements you may enter into with us shall constitute the entire agreement between you and us with respect to our Services, and supersede all prior or contemporaneous oral or written communications, proposal, and representations with respect to our Services or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal, or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.
1. OUR SERVICES
1.1. We provide a number of Internet-based services through the Website (all such services, collectively, the “our Services”), including without limitation training and materials for you to develop and promote our business. We reserve the right to add, change, and/or delete content and/or services from the Website and/or our Services from time to time.
1.2. You agree to pay, and authorize automatic recurring billing of, the user fee with your credit card, or other payment methods until subsequently canceled. You understand and agree that each automatic recurring billing of the user fee is not refundable and will not be prorated.
1.3. We reserve the right to change the user fee from time to time.
1.4. When sites are suspended, IPs are blacklisted, due to the use of bad plugins, updates not being performed, spamming, etc., we are not liable and no monetary compensation will be made.
1.5 ACCEPTING OUR TERMS
By creating an account or using our Services, you confirm that you accept these Terms. You also confirm that:
1. You have reached the age of 18; or
2. You are 13 or older but younger than 18 (“Minor”), and you represent that you have reviewed these Terms with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these Terms. If you are a parent or guardian permitting a Minor to use the Services, you agree to (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Services.
Sometimes we may need to change these Terms. We’ll let you know about any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your OCTSQUARE Account before the updated Terms become effective. If you don’t agree to the changes, you can stop using our Services and delete your OCTSQUARE Account. By continuing to use our Services after the updated Terms become effective, you confirm that you understand and accept the updated Terms.
GOVERNING LAW / DISPUTE RESOLUTION
These Terms and your relationship with us under these Terms will be governed and construed in accordance with the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you use the Services for personal use, then any legal matters arising in relation to these Terms that are not amicably settled will be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident.
If upon our explicit consent, you use our Services as part of your business, trade or profession, then any legal matters arising in relation to these Terms will be subject to arbitration proceedings in English under the arbitration rules of the International Chamber of Commerce in the location of the respondent. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
2. USE OF THE WEBSITE AND OUR SERVICES
2.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this User Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.
2.3. Your License to Use the Website and our Services.
2.3.1. We own or license all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on and/or through the Website and our Services, except as expressly provided for in this user Agreement. For example, and without limitation, We own trademarks, copyrights, and certain technology used in providing our Services. You will not acquire any right, title, or interest therein under this user Agreement or otherwise unless expressly provided for herein.
2.3.2. We grant you a limited revocable license to access and use the Website and our Services for their intended purposes, subject to your compliance with this User Agreement. This license does not include the right to collect or use the information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
2.4. Third-Party Services. We may provide links on the Website to other websites that are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this user Agreement when you use these services. If any such terms or policies conflict with our user Agreement, agreements or policies, you must comply with our user Agreement, agreements, or policies, as applicable. We do not endorse or make any representations or warranties about third-party sites or any information, software, or other products or services found there.
2.5. LICENSE
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You may only use our Services for personal and non-commercial purposes, according to these Terms and the instructions we provide in our Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions or additions to our Services we make available to you. You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. These Terms do not grant you any ownership interest in, or to our Services, but only a limited right of use that can be revoked according to these Terms. The availability and features of our Services may vary depending on where you live, which device you’re using, or which software or operating system version you have.
2.6. USER GUIDELINES
We work hard to protect the security and safety of all users of our Services. We also strive to make our Services available without interruptions. To help us meet these goals, you agree that:
1. You won’t reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Services.
2. You won’t modify or disable any features of our Services.
3. You won’t create any derivative works based on our Services.
4. You won’t rent, lease, lend, sublicense, or provide any commercial hosting services using our Services.
5. You won’t infringe our intellectual property rights or the rights of anyone else while using our Services.
6. You won’t use our Services in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Services (“Applicable Law”).
7. You won’t use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.
8. You won’t use our Services in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users.
9. You won’t collect or harvest any information or data from our Services or systems or attempt to decipher any transmissions to or from the servers running our Services, except to the extent allowed by Applicable Law.
10. You shall not host, display, upload, modify, publish, transmit, update or share any information that is in violation of the User Guidelines as provided under Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011 or any other applicable law introduced from time to time.
2.6.1 INTERNET
Our Services may require Internet access to provide certain features to you. You acknowledge that access to the Internet may result in charges depending on your payment plan, and that we are not responsible for the availability or speed of the Internet.
2.7. UPDATES
We’re always working to make our Services better. To share improvements and new features with you, we may provide updates or upgrades to our Services.
These updates and upgrades are designed to improve, enhance, and further develop our Services and may include bug fixes, patches, enhanced features, plug-ins, and new versions. Essential updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect you and other users. For other non-essential updates, you will be notified in advance and be able to choose whether to download and activate the update.
2.8. ADVERTISEMENTS
We provide most features of our Services for free. To keep these features free, we may show you ads or promotions provided by us or third parties while you use our Services.
2.9. USER CONTENT
Some of our Services allow you to share things like comments, photos, messages, or documents with us or with other users. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else wherever you want. However, to use your content in our Services, you need to grant us a license for any content that you create or upload using our Services. When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Services (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content License”), to the full extent allowed by Applicable Law. We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong.
3. CONFIDENTIALITY AND NON COMPETE
3.1. For the purpose of this User Agreement, “Confidential Information” shall be deemed to include all information and materials that:
(a) if in written format is marked as confidential, or
(b) if disclosed verbally is noted as confidential at the time of disclosure, or
(c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation:
This user Agreement; all information provided on and/or through the Website and/or our Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have access to, derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this user Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, decompile, or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business and that you will use your best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which:
(a) was in the public domain when we granted access to you;
(b) entered the public domain through no fault of you subsequent to receipt;
(c) was in your possession free of any obligation of confidence at the time of the disclosure by us;
(d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you;
(e) was developed by you independently of and without knowledge or reference to any Confidential Information;
(f) is approved for release by written authorization from us; or
(g) is required to be disclosed pursuant to any statute, law, rule, or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other forms of protection.
3.6. You agree not to alone or in association with others use Confidential and/or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any contractor, employee, or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this user Agreement (provided that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.
3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work, and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
3.9. You and We agree that all originals and any copies of the Confidential Information remain the property of, You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.
4. GENERAL RULES
4.1. Prohibited Use.
You may only use the Website and/or our Services to promote your business, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not:
(i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services;
(iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters, or similar technology;
(iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services;
(v) impersonate another person or entity;
(vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services;
(vii) assist or encourage any third party in engaging in any activity prohibited by this User Agreement;
(viii) co-brand the Website or our Services;
(ix) frame the Website and/or our Services; or
(x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of.
4.2. Privacy Policy.
By entering into this user Agreement, you agree to our collection, use, and disclosure of your personal information in accordance with the Privacy Policy.
4.3. Ordering Policies.
If you purchase any of our products and/or services, you agree that your use of the product or service is limited by this User Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user (user) to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
4.4. OCTSQUARE ACCOUNT
You may need to create an account to use some of our Services (“OCTSQUARE Account”). By creating a OCTSQUARE Account, you agree that:
1. You’ll provide accurate and complete information when you create your account.
2. You’ll update your account if any of your information changes.
3. You’ll safeguard your password and won’t share it with anyone.
4. You’ll contact us immediately if you suspect anyone else is using your account.
You can delete your OCTSQUARE Account at any time on our website.
4.5. COPYRIGHT POLICY
We respect the intellectual property rights of others. We may suspend or delete an account or stop providing all or part of our Services to an account if we reasonably believe that such account has repeatedly infringed intellectual property rights.
5. RESERVATION OF RIGHTS
5.1. Monitoring.
We reserve the right but do not assume the obligation, to monitor transactions and communications that occur through the Website and/or Service. If We determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this User Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service.
We may modify the Website and/or our Services at any time with or without notice to you and will incur no liability for doing so.
6. ETIQUETTE
6.1. We ask that you respect the Website online community. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent us, our staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement.
7. SUBMISSIONS
7.1. Your Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.
7.2. Submissions by Others.
We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for 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 Website and/or our Services by third parties.
8. REPRESENTATIONS AND WARRANTIES
8.1. Mutual Representations and Warranties.
Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this user Agreement, (ii) execution and performance of this User Agreement does not constitute a breach of or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this User Agreement are a legal, valid, and binding obligation of the party entering into this user Agreement, enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to us that, in your use of the Website and/or our Services, you:
(i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal rights of any third party;
(ii) will comply with all applicable laws, rules, and regulations;
(iii) will not disrupt or damage any software or hardware; and
(iv) you will provide correct, current, and complete billing and contact information.
9. DISCLAIMERS AND EXCLUSIONS
9.1. Disclaimer of warranties.
We provide the website, our services, and all content on an “as is” and “as available” basis. we do not represent or warrant that the website, our services, or website content, or use thereof:
(i) will be uninterrupted,
(ii) will be free of inaccuracies or errors,
(iii) will meet your requirements, or
(iv) will operate in the configuration or with the hardware or software you use. we make no warranties other than those made expressly in this user agreement, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.
9.2. Exclusion of damages.
We will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the website and/or our services, based on any cause of action, even if advised of the possibility of such damages.
9.3. Limitation of liability.
In no event will our liability in connection with your use of the website and/or our services exceed the lesser of (i) the amount paid to us by you during the six months immediately preceding the event that gives rise to such liability, or (ii) one hundred dollars ($100).
9.4. The income disclaimer posted on our website is incorporated herein by reference and you hereby represent that you have read and understand it.
disclaimer of warranty | to the maximum extent permitted by applicable law, our services are provided “as is” and on an “as available” basis, without warranties of any kind from us, either express or implied. to the maximum extent permitted by applicable law, we disclaim all warranties or other terms expressed, implied, or statutory, including, but not limited to, implied warranties or terms of merchantability, satisfactory quality, workmanlike effort, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses, non-infringement of third party rights, or other violation of rights. some jurisdictions do not allow exclusions or limitations of implied warranties, so the above exclusions or limitations may not apply to you. no advice or information, whether oral or written, obtained by you from us or our affiliates shall be deemed to alter our disclaimer of warranty regarding our services, or to create any warranty of any sort from us.
Without limiting the previous disclaimer, and to the maximum extent permitted by applicable law, we do not represent, warrant, or guarantee that our services or the content therein will (i) operate in an uninterrupted, timely, secure, or error-free manner; (ii) will be free from all harmful components or errors; (iii) will be secure or immune (including the content delivered to you or the information you provided) from unauthorized access; or (iv) will be accurate, complete, or reliable, that the quality of the services will be satisfactory to you, or that errors will be corrected. in addition, we do not warrant, endorse, guarantee, or assume responsibility for third party services, advertisements, content, or any other product or services advertised or offered by a third party on or through our services.
9.5. Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidential, special, consequential or punitive damages, or any loss of profit, revenue, goodwill, business, opportunity or data, whether incurred directly or indirectly, or any other intangible losses. in no event shall our aggregate liabiltiy for all claims relating to a specific services exceed the amount you paid us for such specific services. the limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose, and even to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. some jurisdictions do not allow limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. you acknowledge and agree that these limitations are reasonable given the benefits of the services and you will accept such risk and/or insure accordingly.
10. INDEMNIFICATION
10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this user Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
(OR)
You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third party claims, actions, losses, damages, liabilities, judgments, grants, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your use of our Services or use by any person that you allow to use our Services that is not in accordance with these Terms, (ii) any breach of this Agreement by you or by any person that you allow to use our Services, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Services.
11. TERMINATION
11.1. Termination.
You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website and/or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this User Agreement. You acknowledge and agree that all suspensions and terminations shall be made at our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.
11.2. Survival.
Upon termination, your license to use the Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate and the remainder of this user Agreement shall survive indefinitely unless and until we choose to terminate them.
11.3. Effect of Termination.
Upon termination of any part of this Agreement for any reason, we may delete or assume ownership of any Content or other things including without limitation URLs, domain names, and email lists relating to your use of our Website and/or our Services that is on our servers or otherwise in our possession or control, and We will have no liability to you or any third party for doing so.
11.4. Mortality Legacy.
In the event of the death of an OCTSQUARE user, their estate (as specified by their legal arrangement) will inherit their affiliate account and all funds currently within it. We ask the deceased user’s executor to please contact user Services for further advice about the account for their full peace of mind.
11.5. NO WAIVER
If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.
11.6. CHANGE
We may, at any time:
1. Change, add, suspend, or remove features from our Services.
2. Suspend or terminate your right to use our Services, including access to your account or data.
3. Pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all content from our Services.
ENDING THESE TERMS | BY YOU | You can terminate these Terms at any time by deleting your OCTSQUARE Account and stopping your use of our Services.
ENDING THESE TERMS | BY OCTSQUARE | We may suspend or delete your OCTSQUARE Account or stop providing you with all or part of our Services at any time, if:
1. We reasonably suspect that you have violated these Terms or the instructions we provide in our Services.
2. You have clearly demonstrated (either directly or through your actions, statements, or otherwise) that you don’t intend to comply with these Terms.
3. We decide to end all or part of our Services (either worldwide or in the country where you are a resident or from where you are using our Services).
4. We are required by Applicable Law to end all or part of our Services (for example if due to changes in Applicable Law or due to court rulings or judgments which makes the Services or parts of them to become or be considered unlawful).
IF WE SUSPEND OR DELETE YOUR OCTSQUARE ACCOUNT, WE’LL TRY TO NOTIFY YOU USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR THE NEXT TIME YOU ATTEMPT TO ACCESS YOUR ACCOUNT OR OUR SERVICES, DEPENDING ON THE CIRCUMSTANCES. IN ALL SUCH CASES, THESE TERMS WILL TERMINATE, INCLUDING, WITHOUT LIMITATION, YOUR LICENSE TO USE OUR SERVICES. THIS MEANS THAT YOU HAVE TO STOP USING ALL OF OUR SERVICES. THE TERMINATION OF THESE TERMS SHALL HAVE NO PREJUDICE TO ANY RIGHTS, OBLIGATIONS, AND LIABILITIES THAT YOU OR WE HAVE ACCRUED OR INCURRED DURING THE TERM OF THESE TERMS.
12. NOTICES
12.1. All notices required or permitted to be given under this User Agreement will be in writing and delivered to the other party by any of the following methods:
(i) Indian post mail,
(ii) overnight courier, or
(iii) electronic mail.
If you give notice to us, you must use the following address: OCTSquare.com – A Pocket Popcorn Initiative #19, 2nd st., 3rd mn. rd., East CIT Nagar Chennai T.N. India 600036. If provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows:
(i) if by delivery by Indian post mail, seven (7) business days after dispatch,
(ii) if by overnight courier, on the date receipt is confirmed by such courier service, or
(iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
We will provide you with reasonable notice of any change, suspension or discontinuation of our Services unless it is urgently required, in which case we will notify you at the same time as the change, suspension or discontinuation. To the maximum extent permitted by Applicable Law, we will not be liable to you or to any third party if we exercise such rights.
12.2. ELECTRONIC COMMUNICATIONS
You agree to receive all agreements, notices, disclosures, and other communications electronically, including by email, push notification, pop-up or text.
13. NOTIFICATION OF CLAIMS OF INFRINGEMENT
13.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: Provide the following information required by the oct square, the Information Technology Act, 2000 (IT Act) and the following rules made under this Act:
● Information Technology (Certifying Authorities) Rules, 2000;
● Digital Signature (End Entity) Rules, 2015; and
● Information Technology (Use of Electronic Records and Digital Signature) Rules, 2004.
The Copyright Act, 1957 provides for certain exceptions to infringement of copyright, under Section 52. The provision permits limited use of copyright material without the owner’s authorization.- Certain acts not to be infringement of copyright. (1) The following acts shall not constitute an infringement of copyright, namely, —[(a) a fair dealing with any work, not being a computer programme, for the purposes of—(i) private or personal use, including research; the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site and service (collectively the “Service”) by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, our Designated Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the user’s account in appropriate circumstances.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).””I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
1. Provide your full legal name and your electronic or physical signature.
2. Deliver this Notice, with all items completed, to our Designated Copyright Agent
14. THIRD-PARTY REFERRAL FEES
14.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to, and that such payments are fair and reasonable.
14.2. You may be entitled to receive a referral fee as a result of your user; 2) your user is active at the time we receive payment; and 3) you are not indebted to, for any amount. We reserve the right to offset your referral fee by any amount you owe us.
14.3. THIRD-PARTY SERVICES | We work with a global network of partners to provide you with useful content in our Services. This may include information, links, advertisements, or other contents provided by third parties (“Third Party Services”). We aren’t responsible for, and have no control over, any Third Party Services, and we aren’t liable for any damages or losses that are caused by any Third Party Services.
15. MOMENTUM DAY AND EVENTS – SHOULD YOU ATTEND
15.1. oct square and, its officers and directors, and its Consultants, do not offer legal, investment, financial or medical advice. I agree that I will not hold oct square or , its management, ownership, or Consultants liable should I utilize any of the information learned at the event.
15.2. SFM/, has attempted to perform extensive due diligence on the individuals/companies presenting; however, each attendee should also seek appropriate legal and/or financial advice from a licensed professional before implementing a particular strategy following the Event.
15.3. The education presented at each event CANNOT be shared with non-attendees of the conference. I understand and agree to a complete Confidentiality & Non-Disclosure Agreement.
15.4. I understand that pictures and videos will be taken during the Event, and I authorize oct square and , to use these in their marketing efforts, should they choose.
15.5. I will not make an audio or video recording of the conference. Recordings of ANY kind are strictly prohibited.
15.6. While attending, and following the event, I will not offer investments or other products of any kind to attendees of oct square or , Event. Cross-marketing is strictly prohibited and I will not use this event to further an outside personal or business interest of any kind.
15.7. I understand that should I violate any of these oct squarePolicies, I may be asked to leave the Event and that I also risk losing my oct square user privileges.
16. MEDIA INTERVIEWS
16.1 Affiliates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize, its products, services, or their individual Six Figure Mentor business, except with the express, written approval of, All media contacts and inquiries must be coordinated through the approval and representation of an official, Company Spokesperson.
17. RELEASE FOR USE OF PHOTO, AUDIO, OR VIDEO IMAGE, AND/OR TESTIMONIAL ENDORSEMENT
17.1. As an oct square user, you grant to oct square and , its successors, assignees, employees and agents, the absolute and irrevocable right and permission, to reproduce and use, broadcast, publish, or republish any photos, audios, videos, or endorsements made by it of you or given by you, in all or in part, individually or in conjunction with any other photograph, audio or video, or any other endorsement, in any current or future medium and for marketing, advertising, promotion, and/or publicity purposes. In addition, you grant, the right to apply for copyright protection for such photographs, audio, and/or video works, in the name of,
17.2. In addition, to the extent you own any right, title, or interest, including any copyrights, in any photograph, audiovisual works, any endorsement, or other original works of authorship in connection with oct square and/or, products, services, or business, you shall promptly assign any and all such rights, title, and interest to, and assist, to obtain copyright protection or other forms of protection for such assigned rights. You agree that any use by oct square, as set forth in this section shall be royalty-free and not subject to any other claim.
17.3. You confirm that the information you give as a testimonial endorsement, or as represented in a photograph, video, or audio is true and accurate to the best of your knowledge. You waive any right you may have to inspect, approve, or revoke the finished or unfinished product(s), the advertising copy, printed, recorded, photographic or video matter that may be used in connection with it, or any use that may be made of it.
17.4 You agree to release and discharge OCT SQUARE its successors, assignees, employees, and agents, from any and all liability, claims, and/or demands arising out of or in connection with the creation and the use of any photograph, video, audio, or endorsement, including any claim for slander or defamation.
17.5 All testimonials and images associated with such testimonials are the property of oct square and, and the individual who gave the testimonial. If an Independent Associate wishes to use a testimonial in an approved website or marketing material they must receive prior written permission from oct square and the testimonial giver.
17.6 Testimonials include all testimonials distributed by oct square on any oct square or , website or oct square, marketing materials.
18. MISCELLANEOUS
18.1. This user Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This User Agreement will not be assignable or transferable by you without our prior written consent. This user Agreement (including all of the policies and other Agreements described in this user Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under this user Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this user Agreement. The invalidity or unenforceability of any provision of this User Agreement will not affect the validity or enforceability of any other provision of this user Agreement, all of which will remain in full force and effect.
A. MARKETING AND TRADEMARKS
A.1. oct square is designed to provide a level playing field for all its independent Affiliates and to prevent “sponsor shopping” (and cross recruiting) by or on behalf of its Customers/Users. In the case of a dispute, the new Customer enrollment is credited to the affiliate who FIRST generated the new Customer as a lead or application. The disputing affiliates may agree to allow a new Customer to move if the Customer agrees, but the credit for the enrollment rightfully belongs to the affiliate that generated the original lead or application.
A.2. Cross Recruiting:
a) oct square will not tolerate any active marketing of personal services, or proprietary derivatives of personal services, to any oct square user outside of your personal sales organization. This process, known as “cross recruiting” will result in immediate account suspension.
b) oct square is designed to provide an equal opportunity for every marketer regardless of their experience and level of income. In order to maintain the integrity of the system, oct square uses a 3-strike “poaching” policy. Automatic monthly internal account audits ensure that new users are enrolled under the appropriate sponsor.
c) All oct square users who are found to enroll a new user who is NOT originally their applicants will be asked to explain why they enrolled that new user. If a satisfactory explanation for the violation cannot be provided, the account will be noted with a “strike.” All users start with zero strikes and are allowed two strikes. Once a total of three strikes has been accumulated, the account will automatically be suspended for 30-days and labeled as “high risk” while we conduct a full audit and review of the account.
d) It is your responsibility to ensure that every user you enroll is YOUR applicant and not someone else’s. If you are unsure or feel like your prospect may not be completely honest with you, email [email protected] to verify if there is already an application in the system for this person.
e) We suggest that you specifically ask EVERY prospect if they have already spoken with another oct square user or submitted an application. If in doubt, you can even tell them that poaching and cross recruiting are strictly forbidden and that your account could possibly be suspended if you enroll them.
A.3.RESERVATION OF RIGHTS AND FEEDBACK
Nothing in these Terms gives you a right to use the OCTSQUARE name or any of the OCTSQUARE trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to our Services (excluding Content provided by third parties) are and will remain the exclusive property of OCTSQUARE and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback, or suggestion as we see fit and without any obligation to you.
A.4. JURISDICTION
All matters of dispute and problems relating to the users of OCTsquare and your organization shall be conducted only within the jurisdiction favouring the organisation (OCT SQUARE). Unless and until mentioned by the organization.