Terms & Conditions
These Terms constitute a legally binding agreement between OBEK and, ++you++, a user/visitor of our Site. By clicking the “I Accept” button in the Site or otherwise accepting these Terms through a clickable action or similar action; or by accessing, installing, using or otherwise exploiting our software and/or our services; you hereby acknowledge, agree and accept the terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, you must immediately stop accessing the Site or using our services.
The words ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
This agreement was revised July 1st, 2017 and remains in full force alongside any revisions. If any clauses or parts in these terms are revoked by a court of law than the rest of the unrevoked terms will still apply and are fully binding.
OBEK is a software distribution platform and a software as a service suite (hereinafter referred to as the “Service”) currently known as “OBEK Gaming Tools” or “OBEK GT.” The Service provides a variety of applications and programs for users of the Service. Applications and programs offered through the Service may have their own additional terms and conditions for the user to read and understand. Additionally, the Terms and Conditions in this document will supercede any and all all sub-agreements. To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion. These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to resolve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us. We are not obliged to check user generated content present in your servers, therefore we are not responsible for such content published by your users. The responsibility for the generated content in your community will be borne by you. OBEK is also not directly responsible any and all advertisement or 3rd party vendors that may provide content through the Service. Some components of the Service may require creation of an account (including a password). The user is solely responsible for maintaining confidentiality of the account information, including the password and any account activity. The user agrees to immediately notify OBEK of any unauthorized use of the account or the password, as well as any breach of security.
Permission is granted to temporarily download one/(1) copy of the materials (info or software) on the OBEK website for personal, non-commercial transitory viewing only. This is the grant of a license, not the transfer of title, and under this license you may not: modify or copy the materials, use the materials for your own or others commercial purpose; attempt to decompile or otherwise reverse engineer any software on any OBEK website; remove any copyright or proprietary notions from the materials; or transfer the materials to another person or perform an action commonly known as “mirroring” on any other website or server. The license will automatically terminate should you violate any of the restrictions in this Terms and Agreements document. Please review the list of prohibited activities below:
When using the Service, it is forbidden to you to perform the following actions, or to help or enable others to, actions which may lead to the removal of prohibited content, and the blocking banning or suspension of your account with us: a) Use of third-party applications or other means to improve/automate Service capabilities (ex. bots, bugs, fraud, cheating); b) Use of software errors (bugs) in the Service and transfer of information about them to third parties, except for OBEK; c) Total or partial forwarding, transfer, reproduction or distribution of user generated content or any other material, which is protected by copyright, exclusive and other rights without the permission of the owner or the copyright holder; d) Falsification, deleting or disabling of any copyright information, including references to the authors, legal acknowledgement of copyright, and other similar notes or reports, as well as indications of the source or the origin of the Content or other content protected by copyright; e) Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party; f) Distribute, post or otherwise make available any Content or any data that: i. is not honest, true and accurate; ii. infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); iii. enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any race, individual or group; iv. endangers children and underage persons; is or can be considered profane, scandalous, pornographic, indecent or otherwise objectionable, any item claiming to cure, treat, or prevent an illness or conditions, contests, coupons, gambling, raffles, energy food/drinks, genetically modified organisms, travel services, phone services, marketing services, political fundraising, weapons, replicas of weapons, weapon accessories, guns, financial, money-processing, or credit services, financial intermediaries, financial instruments; v. is or allows illegal or fraudulent activities to take place; vi. is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or vii. is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, pornography, child pornography, binary options, Forex, pornographic or analogous. g) Otherwise reverse engineer, decompile or extract the Services’ and/or Site’s source code; h) Remit or otherwise make or cause to deliver unsolicited advertising, spam or other chain letters; i) Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or j) Pretend to be or misrepresent any affiliation with any legal entity or third party. For users found to be violating these Terms, we may immediately and without prior notice deny user access to the Service in part or in whole. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While OBEK strides to protect your personal information and privacy, we cannot guarantee the security of any information you publicly disclose online.
OBEK may from time to time make software accessible to you via the Service prior to the general commercial release of such software (“Beta Software”). You are not required to use Beta Software, but if OBEK offers it, you may elect to use it under the following terms. Beta Software will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:
OBEK currently has three (3) types of user accounts: OBEK User Account, OBEK Affiliate Account, OBEK Partner Account
You hereby acknowledge and agree that: (i) you do not acquire any ownership in the intellectual property rights for the Site and the Services (collectively, “OBEK’s IP”), along with any and all intellectual property rights therein, including but not limiting to, trademarks, service marks, copyrights, database rights and computer code, whether pre-existing or developed during the course of these Terms (including but not limited to all logic, programming, documentation, computer source and object code, layouts, templates, plans, notes, and the relevant computer code), and that ownership shall remain vested in OBEK at all times and that you shall have no right to exploit, copy, amend, add to or otherwise alter any part thereof; and that (ii) OBEK’s IP and all additions, modifications or improvements thereof coming into existence during the term hereof and all intellectual property rights derived therefrom are owned or controlled, in their entirety, by OBEK
OBEK has entered into agreements with certain authorized third party providers in order to promote, market and support its Services. Moreover, we may display content from such third party providers via our Services, which may include third party products and services, and henceforth OBEK shall not be liable for: (i) the actions of its business partners; and (ii) any products or services that our business partners may supply to our users under any separate terms or agreements, which shall govern such provision thereof. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Please remember that we do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
To the fullest extent permissible under applicable law, the Services are provided to you “as is” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. OBEK, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
OBEK, and its affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the Service or that it will meet your specific commercial requirements; that any Credit program, purchase history, royalty point history, product recommendation, nutrition recommendation and other generated suggestions of Service will be available or particularly useful or produce any results, that the operation of the Service will be uninterrupted or error-free, that the Service will interoperate or be compatible with any other software or device used by you, that any errors in the Service will be corrected or that the Service will not be discontinued without previous notice. No oral or written advice provided by OBEK, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.
In no event shall OBEK, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Service, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to these Terms, the Site or the Service, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not OBEK, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this liability section, OBEK’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you. In no event, shall OBEK’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed: (i) the actual price paid by you for the Services hereunder during the twelve months prior to the event giving rise to liability; or (ii) the amount of USD $100.00 (One Hundred United States Dollars); whichever results less, and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provides you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
++Indemnification++ ++by++ ++You++. You shall indemnify, hold harmless, and defend OBEK, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “OBEK’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such OBEK’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or Agreements made by you hereunder (to the extent not arising substantially from any breach hereof by OBEK); (ii) any third party claim arising out of or in relation to any Service or use thereof in combination with your business platform, including without limitation, any claim that any Service or use thereof violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law; and (iii) any representation, warranty or guarantee made by you with respect to any of the Service that is inconsistent with or in addition to those made in these Terms.
++Indemnification++ ++df++ ++by++ ++OBEK++. OBEK will indemnify you against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Service as supplied by OBEK. As a material condition of this indemnity, you will: (i) promptly notify OBEK in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow OBEK full control over all negotiations and proceedings and give OBEK all reasonable assistance.
The indemnifications obligations contained in this Section shall not apply to the extent that any claim against OBEK’s Indemnitees arises as a result of or in relation to: (i) any user generated content; (ii) use of the Service other than in accordance with these Terms and/or any applicable laws; (iii) use of the Service in combination with any software, service, or application not provided by OBEK or approved by OBEK in writing; (iv) any alterations or modifications of the Service not provided by OBEK or not approved by OBEK in writing; and (v) any ads from third party advertising networks served and displayed via the Service.
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you may contact us as indicated at the end of these Terms. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees. All complaints will be investigated promptly in accordance with OBEK’s procedures in place. You must notify us of your claim with subject: “Takedown Request”. Once received, OBEK will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, OBEK may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying OBEK and its affiliates that your copyrighted material has been infringed. Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate. The preceding requirements are intended to comply with OBEK’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice.
++Amendment++. These Terms may be amended, edited or otherwise modified by OBEK, at its sole and final discretion, provided that you will receive a notice of any amendments thereof via the Site or the Service at least thirty (30) days before changes enter into effect. If you continue to use the Service or access our Site after changes have been posted or they otherwise become effective, you will have provided your express acceptance thereof and you will be obliged to abide by them. ++Binding++ ++Agreement++. These Terms shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors. These Terms supersedes all prior agreements arrangements and understandings between the parties hereto and constitutes the entire agreement between the parties relating to the subject matter hereof. ++California++ ++Residents++ ++Notice++. As indicated in the California Civil Code, Section 17811.3, our California users have the right to be made aware of this information: the Service is provided to you by OBEK Technologies Inc. For any inquires or complaints regarding the Service, please contact our customer service team at the address indicated in our website. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. ++Equitable++ ++remedies++: You hereby acknowledge and agree that if the terms of these Terms are not specifically enforced, OBEK will be irreparably damaged, and therefore you agree that OBEK shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of these Terms, in addition to any other available remedies. ++No++ ++Warranty++. You hereby acknowledge and agree that the Services have not been completely tested in all situations or devices, and that the Service may contain operational malfunctions or errors. Under no circumstances shall OBEK incur any responsibility or liability for breaches of warranty caused by your onsite power, telecommunications, internet-connectivity or performance of cloud services provider or other environmental causes. ++Independent++ ++Contractors++. OBEK and you are independent contractors, and neither party, nor any of their respective Affiliates, is an agent of the other for any purpose or has the authority to bind the other. ++No++ ++Waiver++. OBEK’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. ++Miscellaneous++: These Terms represent the complete agreement concerning the Services between the parties regarding the subject matter hereof, and supersedes all prior agreements and representations between them. It may be amended from time to time only by OBEK’s sole decision, through a notice to you or to any other user. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall remain in force. You may not transfer any of your rights or obligations under these Terms to any other person. ++Minors++. You hereby acknowledge that you are at least thirteen (13) years of age, or older, as of the date of first access to the Service and, if you are under the age of eighteen (18), you are using our Services under the direct supervision of your legal guardian or parent, and that you will not use the Service to collect any personally identifying information of persons under the age of thirteen (13). ++Survival++. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration therefrom, shall be deemed to survive for as long as necessary to fulfill such purposes. If OBEK determines that a law or regulatory action prohibits, substantially impairs or makes impractical the provision of any Service, OBEK may, at its sole discretion, upon simple notice to you and without any liability, terminate provision of part or all of the Service, in order to conform to such law or action. ++Security++, ++backup++. You are responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security, protection, and backup of your content. ++Severability++. In the event that any provision hereof or part thereof is found invalid or unenforceable, the remainder of these Terms shall remain valid and in force. Without limiting the foregoing, it is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect. ++Representations++ ++and++ ++warranties++: You hereby represent and warrant that: (i) you agree and oblige to comply with all applicable laws, rules and regulations applicable to the use of the Service; and (ii) you will not use the Service to infringe any intellectual property rights of any third party. ++Export++ ++control++. Your hereby agree not to use the Service if you or your users are barred from installing or using it under any of export control law, or if you or your users are located in a jurisdiction that is subject to United States of America sanctions regulations, which currently includes Cuba, Iran, North Korea, Sudan and Syria and which are subject to change as posted by the United States government.
++Mediation++. In the event of any dispute arising out of or in connection with the present Agreement, the parties agree in the first instance to discuss and consider referring the dispute to non-binding mediation under the International Chamber of Commerce Mediation Rules. The language of the mediation shall be the English language. ++Pretrial++ ++Procedure++. In the event of any dispute arising out of or in connection with these Terms, a pretrial dispute resolution procedure is obligatory for you. Your claim should be sent to [email protected] It should include a specific list of alleged violations on behalf of OBEK, account login, contact information and your signature. Failure to comply with the form or content of the claim leads to the failure to comply with the pretrial dispute resolution procedure. The claim review and response period is 30 (thirty) business days from its receipt. ++Governing++ ++Law++. These Terms shall be construed and enforced in accordance with the substantive and procedural laws of the State of California, United States of America, without giving effect to the principles thereof relating to conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. ++Forum++. If the dispute is not settled by the pretrial dispute resolution procedure, the dispute may be submitted by any interested party to the court at the location of OBEK. Henceforth, the legal relationship of the parties related to the conclusion, execution and termination of these Terms shall be ruled under the exclusive jurisdiction of the competent courts in or nearest to the City of Tustin, State of California, United States of America, which shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms and no other courts shall have any jurisdiction whatsoever in respect of such disputes. In case of violation of these Terms by you, you may be ordered to compensate all the legal costs incurred by OBEK or its affiliates while the case is on trial, including costs of lawyers and representatives, travel expenses, state taxes and other similar fees, as well as losses incurred by OBEK in connection with the violation of these Terms by you, including but not limited to loss of benefit and damage to business reputation. ++Waiver of Class Actions, Non-Individualized Relief++. You acknowledge and accept that claims brought against OBEK shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and OBEK, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding. ++Waiver++ ++of++ ++Jury++ ++Trial++. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.