Terms of Service
This Term of Service(“TOS”) constitute legal agreement between the licensee (“you”) and the Services provided by ohican.com.
We prepared these ToS to help explain the terms that apply to your use of the Service.
By accessing or using our Service, you are agreeing to these ToS and concluding a legally binding contract with us. Do not access or use our Service if you are unwilling or unable to be bound by the ToS.
3. Notice Regarding Dispute Resolution
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below. If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
4. Updates to these ToS
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.
5. Obligations of the users
Users warrant that their content, reviews, self-presentations and inquiries, is consistent with the truth, permitted by law and unencumbered by third-party rights. The following content in particular is not permitted: Pestering (stalking), threats, insults, and the assertion of incorrect facts; content that may be detrimental to the development or education of children or young adults or put them at risk; content that infringes third-party copyrights, trademark rights, competition rights or rights to privacy; content that is racist or xenophobic, glorifies violence or is seditious, pornographic, degrading or immoral; content that may affect the health of individuals; chain letters, bulk messages with or without advertiser content (spamming); links to sites with such content; sweepstakes, contests, lottery draws or similar promotions; publication of private data (such as e-mail addresses); commercial advertising or references praising other competitor services.
Ohican has the right to remove non-relevant content, especially content that does not relate to the specific thematic area of a Service (for example, political or religious topics in a range of games).
Ohican reserves the right not to release content or to reverse the release thereof if there is concrete evidence to suggest that the content is in breach of statutory regulations, official prohibitions, the rights of third parties or public morality. The Service Provider is not, however, obliged to verify the content in advance.
Ohican reserves the right to restrict the number or function of affiliate and similar advertising links placed by users and to prohibit the use of such links altogether.
6.Responsibility for content and information
Ohican is neither responsible nor liable for user-generated content or for linked content on other websites.
Ohican wishes to point out that no claim is made regarding the accuracy, completeness, legal admissibility and absence of any rights of third parties of the content provided within the Service. Content is provided for fun and entertainment purposes only (e.g. Horoscopes, quizzes, tests, etc.), and as such, it comes with no guarantee of accuracy or usability of information and/or advice and/or results contained within. The content, tests, quizzes and horoscopes are non-scientific fun-content and can never replace medical diagnoses, scientific testing methods or professional advice. Such content is to be understood as non-binding information, recommendations and statements. In particular, no guarantee is offered that the content of the Service can be used in each country in which it is available. This restriction is due to the global nature of the Internet.
The user in question, and not the Site, is responsible for user reviews, comments and ratings.
7. Non commercial usage by the Users
The Service is for personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
You may use our Service within the limits of these ToS for yourself or your company. You are not entitled to rent, lend, lease, sell or make the Service capable of protection wholly or partially accessible in any technical form whatsoever to third parties for remuneration or free of charge without our explicit written approval. Sub-licences must not be issued.
You may only use our Service via the input masks and interfaces provided. In particular, excessive use over and above normal levels of Service and interface usage intensity and frequency to be expected is prohibited (e.g. due to the use of software whose technical faults generate constant unnecessary access via our interfaces).
You must not use our Service in any way that causes, or is likely to cause our Service or any access to it to be interrupted, damaged or impaired in any way, or for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these ToS or any other applicable terms and conditions, guidelines or policies.
Ohican.com and its licensors have expended substantial time, effort, and funds to create ohican.com and its Services. All ohican.com software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of ohican.com.
All elements of Content on this Site are Copyright 2019 ohican.com. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by ohican.com without the express prior written consent of ohican.com. Use of ohican.com and/or its licensors' Content is only permitted with their express written permission.
9. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PROVIDER'S ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. GERMAN AND AUSTRIAN USERS ARE REFERRED TO THE PARTICULAR LIABILITY LIMITATION CLAUSE FOR THESE JURISDICTIONS. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
OUR SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT OUR ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. OUR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, OUR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS, OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
OUR ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, OUR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
OUR ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE PROVIDER'S ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
OUR ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.