Terms of Use
These Terms of Use (“Terms”) apply to your use of the web sites, web pages, interactive features, blogs, located at the following URLs: www.onwax.com; in addition to Twitter, Facebook or other social networking Company sites, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the "Sites"). The Sites are offered by Onwax Media Holdings Corp. and its affiliated companies and Site developers (collectively, “the Company,” or “we”, “us”, “our”).
CONDITIONAL USE OF THIS SITES
Your access to and use of the Sites (or any part thereof) is subject to these Terms, and all applicable laws. Certain features of the Sites may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions. These Terms govern your rights and responsibilities in connection with the particular Sites you are using. By accessing and using the Sites and such other features, you signify your acceptance and agreement to be bound by these Terms and the Company Privacy Policy (the "Privacy Policy"), which is hereby incorporated by this reference into these Terms, and such other terms as may be applicable. These Terms are a binding legal agreement between you and the Company: please read them carefully before you use the Sites. Do not use the Sites if you do not agree with any of the terms contained herein.
RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS
»You may use the Sites for your own personal, non-commercial informational purposes only.
»You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, create derivative works from or based upon, transmit, link from or to, decompile, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit any Site Content (as defined below) in any way, including for any public or commercial purpose whatsoever, without our express authorization.
»You may not use any third parties' likenesses, names, and/or properties without their express permission.
»You may not: (i) send any material to the Sites; or (ii) embed, re-publish, maintain and/or display any Site Content (including, without limitation, any of your own user submissions) on any personal, customized social networking Web page(s), Web blog(s), or microblog(s) or other web site or other Internet location that ordinarily contains or hosts content, that is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules, regulations or Federal Trade Commission guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
»You may not do anything on the Sites that would prevent other users' access to or use of the Sites or any part thereof.
»We may review, edit or delete materials you or others send to the Sites for any reason in our sole discretion, but are not obligated to do so.
»You are responsible for maintaining the confidentiality of any username or passwords associated with access to the Sites or your account (including in those instances in which the Sites uses the account creation mechanism and management of a third party’s social network, website or device) and to monitor and assume responsibility for all activities that occur under your username and/or password.
»We may cancel any registration(s) or account(s) on the Sites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
»OWNERSHIP OF MATERIAL YOU SEND. Subject to the application of the Privacy Policy to personal data, any material you send to the Sites will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Sites if you are the original author of the material or otherwise have the necessary rights to use that material.
DISCLAIMER
We try to make the Sites and the content thereon reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Sites or in these Terms:
»USE OF THE SITES IS AT YOUR OWN RISK;
»THE SITES ARE PROVIDED TO YOU "AS IS"; "WITH ALL FAULTS" AND "AS AVAILABLE"; AND
»TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL WARRANTIES REGARDING THE SITES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES ARISING OUT OF:
»STATEMENTS, ERRORS OR OMISSIONS ON THE SITES;
»CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
»VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE;
»LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS;
»ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
»PERSONAL INJURY OR PROPERTY DAMAGE; OR
»ANY OTHER MATTER REGARDING THE SITES AND YOUR USE OF IT.
INDEMNIFICATION.
BY USING THE SITES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
»ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITES;
»ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITES THROUGH YOUR INTERNET, CELL PHONE, OR SOCIAL NETWORKING ACCOUNT;
»THE VIOLATION OF ANY APPLICABLE LAWS AND/ OR THESE TERMS BY YOU AND/ OR ANYONE USING YOUR ACCOUNT TO ACCESS AND/ OR OTHERWISE USE THE SITES (IN WHOLE OR IN PART);
»YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
»ANY OTHER MATTER REGARDING THE SITES AND YOUR USE OF THEM.
»You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
OTHER SITES.
The Sites may contain links to other web sites and/or other social networking sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave the Sites and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website or social networking site which appears or claims that it is one of our sites (including those linked to through an email).
INTELLECTUAL PROPERTY.
We (or our associated or affiliated companies or third parties who have licensed its brands to the Company or contributed to the Sites) ("Content Owner") own or license from third parties all Site Content. All Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole property of the applicable Content Owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Nothing on the Sites should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
TERMINATION
You understand and agree that the Company may, in its sole discretion, without liability or prior notice and at any time, terminate or temporarily suspend your rights to access or use of the Sites, and discard, remove, and/or disable or deactivate any or all of your submissions or materials and data that you (and/or anyone else) may have sent to the Sites. The Company may also, in its sole discretion, without liability and at any time, discontinue the Sites or any parts thereof or limit or restrict any user access thereto, for any reason, with or without prior notice. You may discontinue your access to, use or participation on or by means of the Sites at any time.
JURISDICTION.
We control and operate the Sites from the State of New York, USA (the “Jurisdiction”) (regardless of where hosting servers are located). All matters relating to the Sites are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Sites shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Sites or materials on it are appropriate for use outside of the USA. The information set forth in the Sites concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA, you are solely responsible for compliance with any applicable local laws in the jurisdiction from where you access or use the Sites.
SEVERABILITY; WAIVER.
If for any reason, any provision of these Terms is found unlawful, void or unenforceable, it shall be deemed severed from these Terms and the remaining provisions will continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
DEFINITIONS/INTERPRETATION.
As used herein:
"Damages" means any and all direct, special, indirect, consequential loss or, exemplary or punitive damages or other damages of any kind, including damages for loss of revenues, profits, goodwill, use, data or other intangible losses (whether in contract, including fundamental breach, tort, including negligence, statutory or otherwise).
"including" means including, but not limited to.
"materials sent to the Sites" (and "materials you send to the Sites" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Sites (whether information, text, material, data or code or other) by you or another user.
"Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
"Site Contents" means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on the Sites.
"Site Developer" means any party involved in creating, producing, delivering or maintaining the Sites.
"use of the Site(s)" (and "using" and other like terms) means any and all use of the Sites of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Sites or any material on the Sites.
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus).
CHANGES.
Please note, we may change, modify or add to the information on the Sites and/or these Terms, at any time without prior notice. Changes to these Terms or the Privacy Policy will be effective when posted. You should regularly review these Terms for any changes. Your use of the Sites, after any changes to these Terms are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby; and by providing continued access to the Sites we are providing you consideration for agreement to such changes. If you object to any such changes, your sole recourse will be to stop using the Sites.
CONTACT US.
If you have any questions or concerns regarding these Terms, please contact us at:
Attn: ONWAX
Address: PO BOX 712
Los Alamos, Ca. 93440
Re: www.onwax.com Terms of Use
E-Mail: send us an email
UPDATED AS OF: 3/1/11


