LEGAL NOTICE
Use of this website (the “Site”) is subject to all of the terms and conditions of this legal notice (the “Legal Notice”) and to all applicable laws. Accessing this Site by user (“User”) constitutes User’s consent to such terms and conditions. Ooona Ltd. and it affiliates (collectively “Ooona”) maintains this Site for your personal information, education, and communication. By accessing and browsing the Site, User accepts, without limitation or qualification, the Terms and Conditions and acknowledges that any other agreements between User and Ooona concerning the Site are superseded to the extent they conflict with these Terms and Conditions.
Your use of, or linking to, any content on the site, except as provided in these terms and conditions, is strictly prohibited. By accessing or using this Site, User acknowledges that User has read, understood and agreed to this Legal Notice. If User does not agree to this Legal Notice, User may not access or use the Site.
Terms and Conditions:
- The content of the Site is the property of Ooona and is protected by intellectual property laws. Except for non-commercial, personal use only, User shall not copy, modify, distribute or otherwise use the content of this Site, or any portion thereof, in any way without the prior written consent of Ooona. Ooona neither warrants nor represents that your use of material displayed on the Site will not infringe rights of third parties. Nothing contained on the Site should be construed as granting, any license or right to use any Ooona intellectual property right (including, but not limited to any patent, trademark, trade name, copyright or trade secret).
- User may download materials displayed on the Site for non-commercial, personal use only, provided User also retains all copyright and other proprietary notices contained in the materials or as specified on the Site. User may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes.
- Images of people or places displayed on the Site are either the property of, or used with permission by, Ooona. The use of these images by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms and Conditions or as provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Users are also advised that Ooona will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- The trademark logos and service marks displayed on the Site (collectively the “Trademarks”), including Ooona are registered and unregistered trademarks of Ooona and others. Nothing contained on the Site should be construed as granting, any license or right to use any Trademarks without the written permission of Ooona or such third party that may own the Trademarks.
- Ooona has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- While Ooona uses reasonable efforts to include accurate and up to date information in the Site, Ooona makes no warranties or representations as to its accuracy. Ooona shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that access and use of the Site is at the user’s own risk. Ooona assumes no liability or responsibility for any errors or omissions in the content of the Site.
- The User’s use of and browsing in the Site are at the User’s own risk. Neither Ooona nor any other party involved in creating, producing, hosting or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out your access to, or use of, the Site or its contents. This Site and the materials contained therein are provided “AS IS” and without warranties of any kind, either expressed or implied. Any use of this Site and of the information therein is at User’s sole responsibility. Ooona is under no obligation to update the contents of the Site, and cannot and does not make any representation regarding the accuracy, completeness or timeliness of the content available through this Site and/or of the products and/or of the services mentioned in the Site. Ooona shall not be liable for any error or omission and disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, or non-infringement, or warranties arising by course of dealing or custom of trade.
- Ooona also assumes no responsibility, and shall not be liable for, any damages to, for viruses or any other malware that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
- Although Ooona may from time to time monitor or review discussions, chats, postings, transmissions, message boards, and the like on the Site, Ooona is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, slander, omission, falsehood, promotional materials, obscenity, pornography, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, promotional, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Ooona will fully cooperate with any law enforcement authorities or court order requesting or directing Ooona to disclose the identity of anyone posting any such information or materials.
- Ooona shall have no liability for losses or injuries resulting from, and/or in connection with, the information or lack of information provided hereunder and shall not be responsible for any damages arising to User and/or to any third party as a result of the access to, or inability to access, this Site. In no event will Ooona be liable to User or any third party for any decision made or action taken, or not taken, by User or any third party in reliance on the content contained therein.
- Ooona maintains this Site as a service to the internet community. The Site has been designed to provide general information about Ooona and its products. These pages are not intended to provide instruction on the appropriate use of products manufactured or sold by Ooona or products currently under development by Ooona, its affiliates, related companies, or its licensors or joint venture partners.
- Ooona may revise this Legal Notice at any time by posting the revised Legal Notice on this Site. The continued use of the Site after the posting of revisions to this Legal Notice will constitute User’s consent to such revisions. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which Users are bound.
- The use of the Site and this Legal Notice shall be governed by and construed in accordance with the internal laws of the State of Israel, without giving effect to its rules of conflicts of laws and the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Legal Notice and the use of this Site.
Privacy Policy:
The use of this Site constitutes User’s consent to Ooona’s privacy policy (the “Privacy Policy”) as follows:
- Whenever submitting information via this Site, User consents to the collection, use and disclosure of this information in accordance with this Privacy Policy.
- Any communication or material that User transmits to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything User transmits, or posts, may be used by Ooona, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Ooona is free to use any ideas, concepts, know-how, or techniques contained in any communication User sends to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques. Ooona shall not be liable for unauthorized disclosure of such information and shall bear no responsibility whatsoever for any misuse of User’s information by a third party.
- Visitors to this site can access the Web site’s home page, and browse some areas of the site, without disclosing any personally identifiable information. We may track information provided to us by your browser, including the Web site User came from (known as the referring URL), the type of browser User use, the time and date of access, and other information.
- In addition, we may gather information about User that is automatically collected by our Web server, such as Your IP address and domain name. Ooona may use Web server and browser information to individually customize its offerings and presentations if User submits his personal information.
- We contract with other companies and individuals to help us provide services. For example, we may host some of our Web sites on another company’s computers, or work with companies to analyze data, provide marketing assistance, and provide customer service.
- This Site may use cookies, web beacons and other technologies to provide easier navigation and to understand how you and our visitors use our site. The Site can still be used if User’s browser is set to reject cookies.
- We also collect information that User voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback and the like. We may also ask User to provide additional information such as User’s e-mail address if the User wants to obtain additional services or information or to resolve complaints or concerns. If such personal information is kept by Ooona, User may contact Ooona in writing, requesting deletion of its personal data from Ooona’s database.
- Cookies, log files, and pixel-tags (Web beacons) are technologies used by the web site to identify a user as the user moves through our web site. Your browser allows us to place some information (session based IDs and/or persistent cookies) on your computer’s hard drive that identifies the computer that you are using. We may use cookies to personalize our Web sites and to track your usage across other Ooona or related Web sites.
- The Web browser can be set to allow the user to control whether it will accept cookies, reject cookies, or to notify the user each time a cookie is sent to the User. If your browser is set to reject cookies, Web sites that are cookie-enabled will not recognize when the user returns to the Web site, and some or all Web site functionality may be lost. In addition, we may use other tracking systems like pixel-tags. Pixel tags, sometimes called Web beacons, are similar in function to a cookie but because of their insignificant size, it is not visible; though, they are used to pass certain information to our servers to personalize our Web sites and to track your usage across other Ooona Web sites
EULA
- GRANTS OF LICENSE. Ooona grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
- General License Grant. Ooona grants to you as an individual, a personal, non-exclusive license to use the Software for the Term (as defined below), provided that you are the only individual using the Software during the Term of the license. If you are an entity, Ooona grants to you a personal, non-exclusive license to use the Software for the Term, with access credentials for one individual user (or more as detailed in the purchased package) to use the Software within your organization at any time during the Term of the license.
- You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises without Ooona’s advance written consent.
- A single license for the Software may not be shared or used concurrently by multiple end users.
- RESERVATION OF RIGHTS AND OWNERSHIP. Ooona reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Ooona, or its affiliates, or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software.
- CONSENT TO USE OF DATA. You agree that Ooona and its affiliates or suppliers may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Ooona may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you without your prior permission.
- THIRD PARTY “SOFTWARE AS A SERVICE” INTEGRATED TOOLS/ENGINES/SERVICES. The Software may contain third-party “software as a service” tools/engines/services and you may link to third party sites through use of the Software. The third-party services and sites are not under the control of Ooona and Ooona is not responsible for the contents of any third-party sites, the “software as a service” tools/engines/services offered by such third-parties, any links contained in third party sites, or any changes or updates to third party sites or services. Ooona is not responsible for the data output, or any other form of transmission, received from such third-party site/engines/services. Ooona provides these integrated services and/or links to third party tools/engines/services to you only as a convenience, and the inclusion of any integrated services or links does not imply an endorsement by Ooona of the third- party tools/engines/services or site. Ooona may, from time to time in its sole discretion, add to, or delete, any offered third-party “software as a service” tools/engines/services. The purchase of a license to use any Ooona product, or service, does not entail a right, or license, to use any specific third-party “software as a service” tools/engines/services. Any such software, or service, is provided for your use as a convenience and your use of such third-party “software as a service” tools/engines/services is subject to the terms and conditions of any license agreement contained in that third-party site or related to such tools/engines/services. To the extent that no such terms and conditions are contained in that third-party site or tools/engines/services, then the terms and conditions of this EULA shall nevertheless apply to your use of such third-party software, mutatis mutandis, with the third-party in place of Ooona as the software licensor of such “software as a service” tools/engines/services. Ooona shall be a third-party beneficiary of any liability limitations contained in such third-party EULA as if Ooona itself was the licensor of such software. For your conveniences, a link to the third-party EULA’s of certain of the third-party service providers is contained in the link below. The link is provided as a convenience only and Ooona is not under any liability to update the link. In the event of any contradiction between the third-party EULA’s provided in the link and the third-party’s updated EULA, the updated terms of the third-party’s EULA shall prevail.
- CREDITS TO USE THIRD PARTY SERVICES/TOOLS/ENGINES. As an additional service to Ooona customers, credits may be purchased in the on-line Ooona shop for you to fill a virtual “wallet” to be used by you to make payment for any of the third-party services that you access and use via the Software and if permitted at such time, may also be used to purchase Ooona products/services. The purchase and use of such credits/your wallet is subject to the following terms and conditions:
- Subject to applicable laws, the purchase of credits is irrevocable and non-refundable.
- Prior to the first-time use of any particular third-party “software as a service” tool/engine/service, a pop-up notification detailing the cost of using such tool/engine/service will be displayed.
- By using such tool/engine/service or Ooona product/service, you irrevocably consent to having the cost of using the tool/engine/product/service deducted from your wallet and the credit balance in your wallet shall be reduced accordingly.
- If you have an insufficient number of credits in your wallet to pay for the third-party tool/engine/service, then the third-party tool/engine/service will not operate, and you will receive a prompt to purchase credits from the Ooona on-line shop.
- Following the deduction of credits from your virtual wallet, payment to the third-party provider of the tool/engine/service which you used shall be made by Ooona on your behalf in accordance with the payment terms agreed between Ooona and the third-party provider. Ooona may be entitled to a commission, or other payment, from the third-party provider, but this will be resolved between Ooona and the third-party service provider without any additional deduction of credits from your wallet.
- Ooona endeavors to protect the confidentiality of its users. By making use of third-party tools/engines/services accessed via the Software, you hereby consent to Ooona sharing with the third-party service provider such information that is needed for billing purposes and/or to improve the tool/engine/service, all to the extent required, if required.
- If you encounter any problem using a third-party tool/engine/service accessed via the Software, Ooona shall be the primary point of contact for resolving such problem. You may contact Ooona at: Ooona, Attn. support@ooonatools.tv. Nevertheless, Ooona reserves the right to refer you to the customer support team of the third-party provider of the tool/engine/service and Ooona itself is not ultimately responsible for resolving any such problem.
- ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or cloud based services components, of the Software that Ooona may provide to you or make available to you after the date you initially purchase a use license, or otherwise subscribe to our Software. Unless we provide other terms along with the update, supplement, add-on component, or cloud based services component, Ooona reserves the right to discontinue any cloud based services provided to you or made available to you through the use of the Software.
- TERM AND TERMINATION. The Software is licensed to you only for the limited period detailed in the conditions of your on-line purchase and if no period is detailed in such purchase conditions, a default limited period of ten (10) days from the purchase date shall apply (the “Term”). Without prejudice to any other rights, Ooona may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- LIMITED WARRANTY FOR SOFTWARE. Ooona warrants that for the Term the Software will perform substantially in accordance with the accompanying materials. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY.
- LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Ooona, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Ooona’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
- YOUR EXCLUSIVE REMEDY. Ooona’s entire liability and your exclusive remedy for any breach of this Limited Warranty, or for any other breach of this EULA, or for any other liability relating to the Software shall be, at Ooona’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the license or use of the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty. You will receive the remedy elected by Ooona without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Ooona will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Ooona’s warranty remedy procedures. To exercise your remedy, contact: Ooona, Attn. support@ooonatools.tv.
- DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OOONA, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OOONA, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF, OR FAILURE TO PROVIDE, SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OOONA OR ANY SUPPLIER, AND EVEN IF OOONA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF OOONA, ITS AFFILIATES AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY OOONA WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE OR USE OF THE SOFTWARE, OR US$10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 9, 10 and 11) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- APPLICABLE LAW. Subject to any cognitive provision of applicable law that is not subject to election, this EULA is governed by the laws of the State of Israel without reference to its conflicts of law provisions.
- ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Ooona relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
- EXCLUSION OF ALL OTHER TERMS – To the maximum extent permitted by applicable law and subject to the limited guarantee above, Ooona disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by applicable law, whichever is greater.
- Should you have any questions concerning this EULA, or if you desire to contact Ooona for any reason, please contact Ooona on the World Wide Web at http://www.Ooona.net.
OOONA EDU AGREEMENT
This OOONA EDU Agreement is a legal agreement between you (an individual seeking to gain hands-on experience in a professional ecosystem and acquire audiovisual localization skills) and Oona. Net Ltd. and Ooona Tools Ltd. (collectively “Ooona”) regarding the terms and conditions regarding your use of Ooona’s proprietary OOONA EDU cloud-based platform specifically designed for subtitling and captioning training.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS OOONA EDU AGREEMENT BY PURCHASING THE RIGHT TO TAKE ANY ONE OF THE OOONA EDU COURSES OFFERED ON THE OOONA EDU PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE THE RIGHT TO PARTICIPATE IN A COURSE.
The platform tuition courses are conducted in an on-line format. Once you have made payment for the applicable course via the OOONA EDU site, you, will be provided with a link that will enable you to log-on to the course, access course materials and gain experience with using the various Ooona Tools offered in the framework of the course.
In general, once payment is made for a course, the payment is not refundable. Do not pay if you do not wish to take the course. Once you first log-in to the course, no refunding of payment will be provided.
Payment for the course gives you the limited right to use the various Ooona tools covered by the course for education purposes and not for any commercial purpose. The Ooona tools will be available for the duration of the course, but in any event no longer than 6 months. The use of Ooona Tools is subject to the terms of this Agreement and to any applicable EULA posted on the Ooona Shop for the purchase of such Ooona Tool.
You may not copy, record, or download the course. Your sole right is to log-on to the course in accordance with the course procedures.
RESERVATION OF RIGHTS AND OWNERSHIP. Ooona reserves all rights in and to its tuition courses, the course materials and the Ooona Tools themselves. The courses are protected by copyright and other intellectual property laws and treaties. Ooona, or its affiliates, or its suppliers own the title, copyright, and other intellectual property rights in the courses. Payment gives you the limited right to take the course, but the course itself is not sold, nor are the Ooona Tools.
CONSENT TO USE OF DATA. Ooona shall not make any use of information that identifies you personally without your prior permission. You agree that Ooona and its affiliates or suppliers may collect and use technical information gathered as part of the course services provided to you. Ooona may use this information solely to improve our education services, or to provide and offer services to you. We will not disclose this technical information in a form that personally identifies you to others without your prior permission.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. You have paid to take a tuition course. If for any reason Ooona is unable to administer the course and despite your service request fails to rectify this within thirty (30) days of your payment, your exclusive remedy for this shall be a full refund. Except for such refund, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if you are unable to take the course, even if your inability to take the course is due to any act, or omission, of Ooona.
YOUR EXCLUSIVE REMEDY. Ooona’s entire liability and your exclusive remedy for any breach of this tuition Agreement by Ooona, shall be the return of the amount paid (if any) for the right to take the course. You will receive such remedy without charge, except that you are responsible for any expenses you may incur.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OOONA, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PROVISION OF, OR FAILURE TO PROVIDE, THE APPLICABLE TUITION COURSE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OOONA OR ANY SUPPLIER, AND EVEN IF OOONA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF OOONA, ITS AFFILIATES AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS CERTIFICATION AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE RETURN OF THE AMOUNT PAID (IF ANY) FOR THE RIGHT TO TAKE THE COURSE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
APPLICABLE LAW. Subject to any cognitive provision of applicable law that is not subject to election, this AGREEMENT is governed by the laws of the State of Israel without reference to its conflicts of law provisions.
ENTIRE AGREEMENT; SEVERABILITY. This AGREEMENT is the entire agreement between you and Ooona relating to the subject matter hereof and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this AGREEMENT.
EXCLUSION OF ALL OTHER TERMS – To the maximum extent permitted by applicable law, Ooona disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the tuition course and/or any information contained on the Ooona Site. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by applicable law, whichever is greater.
Should you have any questions concerning this AGREEMENT, or if you desire to contact Ooona for any reason, please contact Ooona on the World Wide Web at https://www.Ooona.net.