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Conditions of Use
Last updated: June 21, 2016
Welcome to OQtonion.com. OQtonion Company LLC and/or its affiliates ("OQtonion") provide website features and other products and services to you when you visit or shop at OQtonion.com, use OQtonion products or services, use OQtonion applications for mobile, or use software provided by OQtonion in connection with any of the foregoing (collectively, "OQtonion Services"). OQtonion provides the OQtonion Services subject to the following conditions.
By using OQtonion Services, you agree to these conditions. Please read them carefully.
We offer a wide range of OQtonion Services, and sometimes additional terms may apply. When you use an OQtonion Service (for example, Your Profile, Gift Cards, OQtonion Video, Your Media Library, or OQtonion applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that OQtonion Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of OQtonion Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any OQtonion Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other OQtonion Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any OQtonion Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of OQtonion or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any OQtonion Service is the exclusive property of OQtonion and protected by U.S. and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of OQtonion trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any OQtonion Service are trademarks or trade dress of OQtonion in the U.S. and other countries. OQtonion's trademarks and trade dress may not be used in connection with any product or service that is not OQtonion's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OQtonion. All other trademarks not owned by OQtonion that appear in any OQtonion Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OQtonion.
PATENTS
One or more patents owned by OQtonion apply to the OQtonion Services and to the features and services accessible via the OQtonion Services. Portions of the OQtonion Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable OQtonion patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, OQtonion or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OQtonion Services. This license does not include any resale or commercial use of any OQtonion Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OQtonion Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by OQtonion or its licensors, suppliers, publishers, rightsholders, or other content providers. No OQtonion Service, nor any part of any OQtonion Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OQtonion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OQtonion without express written consent. You may not use any meta tags or any other "hidden text" utilizing OQtonion's name or trademarks without the express written consent of OQtonion. You may not misuse the OQtonion Services. You may use the OQtonion Services only as permitted by law. The licenses granted by OQtonion terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any OQtonion Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. OQtonion does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OQtonion Services only with involvement of a parent or guardian. Alcohol listings on OQtonion are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. OQtonion reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OQtonion reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant OQtonion a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OQtonion and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OQtonion for all claims resulting from content you supply. OQtonion has the right but not the obligation to monitor and edit or remove any activity or content. OQtonion takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
OQtonion respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All items purchased from OQtonion are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
OQtonion does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, OQtonion does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center
PRODUCT DESCRIPTIONS
OQtonion attempts to be as accurate as possible. However, OQtonion does not warrant that product descriptions or other content of any OQtonion Service is accurate, complete, reliable, current, or error-free. If a product offered by OQtonion itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on OQtonion and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on OQtonion.
With respect to items sold by OQtonion, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by OQtonion is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by OQtonion, such as the OQtonion App, OQtonion Shopping App, or OQtonion Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions,
OQTONION SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with OQtonion Services (the "OQtonion Software").
OTHER BUSINESSES
Parties other than OQtonion operate stores, provide services, or sell product lines through the OQtonion Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. OQtonion does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE OQTONION SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OQTONION SERVICES ARE PROVIDED BY OQTONION ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OQTONION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OQTONION SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OQTONION SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OQTONION SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OQTONION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OQTONION DOES NOT WARRANT THAT THE OQTONION SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OQTONION SERVICES, OQTONION'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OQTONION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OQTONION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OQTONION SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OQTONION SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any OQtonion Service, or to any products or services sold or distributed by OQtonion or through OQtonion.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Egyptian law apply to this agreement.
APPLICABLE LAW
By using any OQtonion Service, you agree that the Egyptian law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and OQtonion.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of OQtonion Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
OQtonion.com, OQtonion company Inc.
29 El sultan abo Al-Alaa St.
Omrania- Giza.
Egypt
How to Serve a Subpoena
If you have a subpoena to serve on OQtonion, please note that OQtonion does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on OQtonion.com, preferably by mailing
OQtonion company Inc.
Corporation Service Company
29 El sultan abo Al-Alaa St.
Omrania- Giza.
Egypt
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note we do not have GPS location information); and IP address and complete time stamp for AWS information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form . We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
OQtonion's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
OQtonion.com Legal Department
OQtonion company Inc.
29 El sultan abo Al-Alaa St.
Omrania- Giza.
Egypt
Attn: Legal Department - Subpoena
e-mail: copyright@OQtonion.com
Courier address:
OQtonion company Inc.
29 El sultan abo Al-Alaa St.
Omrania- Giza.
Egypt
Please note that this procedure is exclusively for notifying OQtonion that your copyrighted material has been infringed.
Additional OQtonion Software Terms
- Use of the OQtonion Software. You may use OQtonion Software solely for purposes of enabling you to use and enjoy the OQtonion Services as provided by OQtonion, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the OQtonion Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the OQtonion Software or otherwise assign any rights to the OQtonion Software in whole or in part. You may not use the OQtonion Software for any illegal purpose. We may cease providing any OQtonion Software and we may terminate your right to use any OQtonion Software at any time. Your rights to use the OQtonion Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain OQtonion Software that are specifically identified in related documentation may apply to that OQtonion Software (or software incorporated with the OQtonion Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any OQtonion Service is the property of OQtonion or its software suppliers and protected by United States and international copyright laws.
- Use of Third Party Services. When you use the OQtonion Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the OQtonion Software, whether in whole or in part, or create any derivative works from or of the OQtonion Software.
- Updates. In order to keep the OQtonion Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the OQtonion Software. If you are a U.S. Government end user, we are licensing the OQtonion Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the OQtonion Software are the same as the rights we grant to all others under these Conditions of Use.