Legal warning
Effective: October 1, 2022
Warning: The Oninder website and the Oninder software package, including but not limited to computer and mobile software (collectively, the "App") may contain or be used to transmit sexually explicit material intended for persons 18 years of age or older. If you are under 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, please do not continue.
This document contains important Terms and Conditions that affect your legal rights and remedies. Use of the App constitutes your acceptance of these terms and conditions. The terms "you", "your", "yours", "yours" and "yours" refer to all users, and/or any user of the App. The terms "your", "your", "we" , "us", "our" and "Oninder" refer in whole or in part to INTERNATIONAL DREAMLOVE SA owner and operator of websites, including “www.oninder.com”, and its related subsidiaries and affiliates (hereinafter "the Company" or "oninder"). Our products, services and software applications, including Oninder App. The "Terms and Conditions" are hereinafter referred to as the "Agreement", and expressly incorporates the Privacy Policy and the End User License Agreement.
The Agreement constitutes a legally binding contract between you and INTERNATIONAL DREAMLOVE SA Please read them carefully. By using the App, or any of our other products or services that are linked to these Terms (the “Services”), you agree to the Agreement. If you do not wish to accept this Agreement, please do not download or use the App, or immediately uninstall and delete the App on your computer or mobile device.
Arbitration and Choice of Law Notice. These terms contain an arbitration clause and a choice of law clause. Except for certain types of disputes mentioned in that arbitration clause, you and Oninder agree that disputes between us will be resolved by mandatory binding arbitration set forth in the agreement, between you and Oninder waive any right to participate in a class action or class arbitration .
1. USER CONDUCT
to. Who Can Use the Services
No one under 18 years of age may download the App, create an account, or use the Services.
By using the Services, you acknowledge that: I. You have the ability and desire to form a binding contract with the Company.
1) You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
2) If you are using the Services on behalf of a company or other entity, you acknowledge that you are authorized with full capacity to accept these Terms on behalf of the company or entity.
3) By using the Application and Services, you also acknowledge that you have reviewed and accept the terms of the Company's Privacy Policy and End User License Agreement.
b. Norms and rights i. The Company grants you a personal, worldwide, non-negotiable, non-exclusive, revocable right to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services in accordance with these Terms and our usage policies.
ii. You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
c. Our Rights i. Many of our Services allow you to create, upload, post, send, receive and store content. You retain ownership rights to that content. By using the Services, you grant us a license to use that content subject to our Privacy Policy. The extent of that license depends on the Services you use and the settings you have selected.
ii. The Services allow you to transmit Text messages, Images, Audio, Video, Vibration Patterns and other information (collectively, the "Content") through the App. The Content is stored on our servers for seven days, then automatically deleted. ; However, text messages sent by a user to a logged-in recipient are transmitted directly to the recipient and are not stored on our servers. The content of videos transmitted by users through Oninder App is not collected by the Company; However, the Company may collect the name of the video, the duration of the video, the format of the video, and the unique code of the video. All information will be deleted in 30 days. Information you post on App with Private Chat, including posts, is stored until deleted by the User, by the Company at the User's request, or by the Company in its sole discretion for any or no reason. Your privacy is very important to us and if you have any questions about the storage or use of information transmitted by you using any of the Oninder Apps, you should contact Oninder directly by email: support@oninder.com
iii. We respect your privacy and, as a policy, we do not review Content transmitted by our users, unless required by law in certain circumstances. However, you are solely responsible for the Content that you create, upload, post, submit or store through the Service.
iv. The Services may contain advertisements. You agree that we, our affiliates, and our third-party partners may place advertising on the Services. d. Content created by others • Content transmitted through the App is the sole responsibility of the person or organization that submitted it. We take no responsibility for any Content that others provide through the Services.
2. PRIVACY
to. Privacy Policy • By using the App, you accept and consent that your use of our Services and our collection and processing of your data, including information transmitted or stored by International Dreamlove SA and its sites or affiliates, is governed by the Oninder Privacy Policy. This policy is posted here.
b. Respect for Other People's Rights • You agree not to misuse this Site. You will not: commit or encourage a crime; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack any aspect of the Services; will corrupt data; will cause inconvenience to other users; infringe the property rights of any other person; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer installation or access through this Site. Failure to comply with this provision would constitute a criminal offense and we will report any breach to the relevant authorities and disclose your identity to them.
• You may not use the Services, or permit anyone else to use the Services, whether intentionally or unintentionally: 1. Violates or infringes another's rights of publicity, privacy, copyright, trademark or other intellectual property rights. ; 2. Attack, embarrass, harass or intimidate others; 3. Defame 4. Send unsolicited commercial content or harass other users. 5. These Terms do not give you any right to do any of the following (nor do they allow anyone else to do so): 6. use any trademarks, logos, designs, photographs, videos or any other materials used on our Services; 7. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any part of the Services or the content of the Services, except as set out in these Terms. 8. use of the Services, any tools provided by the Services, or any content on the Services for commercial purposes without our consent. 9. You may not use the service or the content of the Services in any way that is not authorized by these Terms. You can't help anyone else do it either.
3. COPYRIGHT
Oninder respects the requirements of relevant copyright laws. We take reasonable steps to remove from our Services any infringing material of which we become aware. If Oninder becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes the copyright of any work you own or control, please contact us at support@oninder.com.
4. SECURITY
We do our best to make our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that: I. You will not use the Services for any purpose that is unlawful or prohibited by these Terms. II. You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract another user's information. III.You will not use or develop any third party application that interacts with the services or content or information of other users without our written consent. IV. You will not use the Services in a manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the operation of the Services. V. You will not use or attempt to use another user's account, username or password without their permission. SAW. It will not request login credentials from another user. VII.You will not publish content that contains or is linked to graphic violence, threats, hate speech or incitements to violence. VIII.You will not upload viruses or other malicious code or compromise the security of the Services. IX. You will not attempt to circumvent any content filtering techniques we employ, nor attempt to access areas or features of the Services that you are not authorized to access. X. You will not probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us. XI. You will not encourage or promote any activity that violates these Terms. XII.Do not use our Services in a way that distracts you from obeying traffic or safety laws.
5. ACCOUNT SECURITY
You are responsible for any activity that occurs on your Oninder account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please contact support@oninder.com immediately.
6. DATA CHARGES
You are responsible for any charges you may incur for using our Services, including data charges for sending and receiving messages. You can block users from sending you messages by removing friends, denying friend requests, or adding users to a blocked list.
7. AMENDMENT TO THE TERMS
International Dreamlove SA maintains the right, in its absolute discretion, at any time and without prior notice, to modify, eliminate or modify the Services, the App or these Terms.
8. INDEMNIFICATION You agree to defend, indemnify and hold International Dreamlove SA, its directors, employees and agents harmless from and against any liability for third party claims, damages, losses and expenses, including, but not limited to, reasonable legal fees, arising from or in any way related to your negligence; and breach or violation of this Agreement.
9. DISCLAIMER
The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose particular and non-infringement. Furthermore, while Oninder uses its best efforts to provide a good user experience, we do not guarantee the following.
I. The services will be secure, error-free. II. The Services will always operate without delays, interruptions or imperfections or (C) that any User Content or information you obtain through the Services will be timely and accurate. III. Oninder assumes no responsibility for any content that you, another user or a third party creates, uploads, posts, sends, receives, stores, through our services. You understand and agree that you may be exposed to content that may be offensive, illegal, misleading or otherwise inappropriate, for which Oninder shall not be responsible.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Oninder and our directors, shareholders, employees, affiliates, licensors, agents and suppliers will not be liable for any indirect, incidental, special, consequential, substitutive or multiple damages, or any loss of profits, revenues or whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your access or inability to access or use the services
The conduct or content of other users or third parties on or through the services
Unauthorized access, use or alteration of your content, even if Oninder has been advised of the possibility of such damages. In no event will Oninder's total liability for any claim related to the services exceed the amount you paid for your ONINDER device, if any has been made in the last 90 days.
11.Applicable Law and Dispute Resolution, Waiver of Litigation Procedures Please read the following paragraphs carefully because they require that you and Oninder agree to resolve all disputes between us through arbitration.
to. Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or in connection with it, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Center (HKIAC) under the HKIAC Administered Arbitration Rules in effect when the Notice of Arbitration is sent. The governing law of this arbitration clause shall be Hong Kong law. The seat of the arbitration will be Hong Kong. The number of referees will be one. The arbitration proceedings will be conducted in English.
b. Choice of Law and Jurisdiction. By using the Services and accepting the Agreement, you agree that the law governing the Agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws.
c. Waiver of Jury Trial. If any dispute under the above arbitration clause is submitted, for example, to a US court that otherwise holds that the above arbitration clause is invalid and that the case referred to it submitted is admissible and the court has jurisdiction over the case, you and Oninder waive any constitutional and statutory right to have a jury trial if permitted by the law of that state.
d. Waiver of Collective or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. However, if this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we have the right to arbitration; instead, all claims and disputes will be resolved in court as set forth herein.
and. Right to Resign. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other part of this arbitration agreement.
12. ENTIRE AGREEMENT
The above Terms of Use constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements between you and International Dreamlove SA Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an Official of International Dreamlove SA
13. PREDOMINANT LANGUAGE
The Spanish and English version of this Agreement will control in all respects and prevail in the event of inconsistencies with the translated language versions, if any.