Terms of Service
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The terms of use described below create a binding agreement between JobOceans and you.
By accessing the Site or otherwise using any portion of the Service, you agree to comply with the terms and conditions set forth in this Agreement.
1. Responsibilities
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You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us.
2. Data Storage
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JobOceans uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below. These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not JobOceans, store your credit or debit card information in their databases.
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We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
3. Content And Users
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By accessing the site OR using the service, you acknowledge that JobOceans merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.
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The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. JobOceans does not guarantee the accuracy, quality or completeness of the Content.
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Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.
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NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that JobOceans’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User. You agree that JobOceans shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.
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JobOceans does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.
4. PURCHASES
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4.1 Prices. - Any purchase of products from the Site or otherwise from JobOceans shall be in accordance with the prices and purchase options set forth at the time of purchase. Customer agrees to pay all fees listed at the time of purchase to JobOceans. Customer agrees to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.
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4.2 Risk of Loss. - All products purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Please contact your carrier with any issues related to the delivery of the products.
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4.3 Returns, Refunds and Title. - From the date of your purchase of products from the Site or otherwise from JobOceans, you have thirty (30) days to return the purchased products in unused condition to the return address listed on your product invoice. If we receive the returned product in a used condition, we have the right to reduce the amount returned to you by the damage done to the product, up to the full amount paid. We do not take title to returned items until the item arrives at our office location. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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4.4 Product Descriptions. - We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
5. Intellectual Property Rights
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Subject to certain intellectual property rights governed by laws of the United States, foreign jurisdictions or international conventions, JobOceans owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, JobOceans provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JobOceans reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property. By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.
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Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site. In the event that you provide User Submissions, you hereby grant to JobOceans, its affiliates, and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicenseable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future. You hereby waive any moral rights you may have in your User Submissions.
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We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners, directors, officers, affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.
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Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others, including without limitation, any User Submission containing personally identifiable information.
6. Privacy Policy
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You agree to the terms of JobOceans’s Privacy Policy, as may be updated from time to time, and that is made available online. Our Privacy Policy explains what data we collect from users of the Site and how we treat your personally identifiable information related to accessing and managing your user account and protect your privacy when you use the Site or the Service. By accessing the Site or using the Service, you may provide personally identifiable information to others, in which case the Privacy Policy shall not apply to such personally identifiable information.
7. Termination And Effect Of Termination
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This Agreement shall last until either you or the Company elect to terminate your account. In addition to any other legal or equitable remedy, JobOceans may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, JobOceans may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement. The Company may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations. The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement.
8. Third Party Links
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The Site may provide links and references to websites of others, including advertisements and promotions from third parties. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. Your business dealings, communications with or participations in promotions with advertisers (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties. We recommend that you review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant or make any representations with respect to such websites or the products and services offered thereby. We will not, under any circumstances, be responsible for the information displayed on such websites, their practices, for your use of or inability to use such websites or transmissions received from such websites. By accessing the Site or using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit.
9. Copyright And Trademark Infringement Policy
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The Company does not own the User Content. All User Content is posted by Registered Users, each of whom or which (as the case may be) has represented and warranted to the Company that, among other things, the User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
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Since the Company is not in a position to determine who has the prevailing claim to use any particular User Content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Registered User(s) allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Registered Users about allegations of infringement which pertain to them.
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For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy.
10. Representations And Warranties
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By accessing the Site or using the Service, you represent and warrant that you: (1) have the legal right and authority to enter into these Terms of Use; (2) have submitted accurate and complete Registration Data; (3) if applicable, have the requisite licenses, permits and authority lawfully required by local, state or federal law, or reasonably required by the jurisdiction in which the obligations are to be performed or the agreement will be executed; (4) will not, either alone or in collusion with another party, attempt to decompile, reverse engineer or hack the Site, or attempt to circumvent any encryption implemented with respect to the data stored on the Site or through the Service; (5) will only use the Site and Service for lawful purposes; (6) have the right, title, interest, and authority to grant the rights related to the User Submissions, as described herein; and (7) are at least eighteen (18) years old, or are at least thirteen (13) years old in compliance with the Privacy Policy.
11. Miscellaneous
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This Agreement constitutes the entire agreement between you and the Company regarding your use of the Site and the Service, superseding any prior agreements between you and the Company relating to the same. The Agreement shall be governed by the substantive laws of California, without regard to conflict of laws principles. Any claim or dispute between you and the Company that arises from your use of the Site, Service, or any agreement between you and the Company shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. You hereby expressly consent to the personal jurisdiction of the Federal and State courts located in Orange County, California and waive any objections to the laying of venue in such courts.
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Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Company.
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If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
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No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
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