Terms of Service
Terms & Conditions
The following Terms and Conditions of Use govern your use of the websites and online services of Onion ID Inc., a Delaware corporation (“OID”).
- Your relationship with OID.
1.1 Your use of OID’s websites and online services (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and OID.
1.2 Your agreement with OID includes the terms and conditions set out in this document (the “Universal Terms”), as well as other terms that may be set out in notices in connection with your use of specific Services offered by OID (“Additional Terms”). Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The Universal Terms and/or the Additional Terms are sometimes referred to herein simply as the “Terms.”
1.3 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You can do so by: (a) clicking to accept or agree to the Terms, where this option is made available to you by OID in the user interface for any Service; or
(b) by actually using the Services, in which case OID will treat your use of its Services as acceptance of the Terms.
2.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
- Termination of Use of Services
You acknowledge and agree that OID may stop providing any Service (or any features within any Services) to you at OID’s sole discretion, without prior notice to you. Likewise, you may stop using the Services at any time.
- Use of the Services by You
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for such a service, or as part of your continued use of the Services. You agree that any registration information you give to OID will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that (a) are permitted by the Terms and (b) are not prohibited by any applicable law.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by OID.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to such Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with OID, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of any user names and passwords associated with any account you use to access any Service. We will take reasonable measures on our side.
6.2 Accordingly, you agree that you shall be responsible to OID for all activities that occur under your account or user identity.
6.3 If you become aware of any unauthorized use of your user identity or your account, you agree to notify OID immediately at firstname.lastname@example.org.
- Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of or through your use of the Services are the sole responsibility of the person from which such content originated, whether OID or some other party. All such information is referred to below as the “Content.”
7.2 You should be aware that Content presented to you as part of the Services, including advertisements and sponsored Content, may be protected by intellectual property rights that are owned by the persons who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by OID or by the owners of that Content, in a separate agreement.
- Proprietary rights
8.1 You acknowledge and agree that OID (or OID’s licensors) own all legal right, title and interest in and to the Services. You further acknowledge that media whereby you may use such Services may contain information that is designated confidential by OID and that you shall not disclose such information without OID’s prior written consent.
8.2 Unless you have received the prior, written permission of OID, nothing in the Terms gives you a right to use any of OID’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the OID website.
- License from OID
9.1 OID gives you a worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided as part of the Services (the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
9.2 You may not, directly or indirectly, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, or any part thereof, unless you have been specifically told that you may do so by OID in writing.
- Ending Your Agreement with OID
10.1 The Terms will continue to bind you and OID until terminated by either party by written notice to the other party.
10.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and OID have benefited from or been subject to under the Terms through such date, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
10.3 Nothing in this Section 10 shall limit OID’s rights regarding termination of Services under Section 4 above.
- EXCLUSION OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
11.2 IN PARTICULAR, OID AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE AVAILABLE TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OID OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.5 OID FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
12.1 FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OID AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD-PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WHOSE ADVERTISING OR CONTENT APPEARS ON THE OID WEBSITE;
(ii) ANY CHANGES THAT OID MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(iv) YOUR FAILURE TO PROVIDE OID WITH ACCURATE ACCOUNT INFORMATION;
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
12.2 THE LIMITATIONS ON OID’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY, WHETHER OR NOT OID HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to indemnify and hold harmless OID and its affiliates from any losses (including attorneys’ fees and disbursements) resulting from a claim by any third party that arises from or in connection with (a) your breach of the Terms, or (b) actual or alleged acts or omissions by you.
OID’s website may display advertisements and promotions. In consideration for OID’s granting you access to and use of the Services, you agree to the placement of such materials by OID.
- External Content
15.1 OID’s website may include hyperlinks to other websites or content or resources. You understand that OID may have no control over any websites or resources that are provided by companies or persons other than OID.
15.2 You acknowledge and agree that OID is not responsible for the availability of any such external sites or resources, and does not endorse any content, advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that OID is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any content, advertising, products or other materials on, or available from, such websites or resources.
- Changes to the Terms
16.1 OID may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, OID will make a copy of the Terms, so revised, available at its website.
16.2 You understand and agree that if you use any of the Services after the date on which the Universal Terms or Additional Terms have changed, your use shall be deemed to constitute acceptance of the updated Universal Terms or Additional Terms.
17.1 The Terms constitute the whole legal agreement between you and OID regarding the use of the Services, completely replacing any prior agreements between you and OID as to such matters.
17.2 You agree that OID may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the OID website.
17.3 You agree that, if OID does not exercise or enforce any legal right or remedy that the Terms provide for (or that OID has the benefit of under any applicable law), such inaction shall not constitute a waiver of any of OID’s rights.
17.4 If any court of law, having the jurisdiction to decide on such matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.5 You acknowledge and agree that any business entity that is an affiliate of Onion ID Inc. (its parent, subsidiary or company under common control) shall be a third-party beneficiary to the Terms and that such other company shall be entitled to directly enforce, and rely upon, any provision of the Terms that could confer a benefit on such company. Other than this, no other person or company shall be a third-party beneficiary to the Terms.
17.6 The Terms, and your relationship with OID under the Terms, shall be governed by the laws of the State of California, without regard to any principles of conflicts of laws that might otherwise direct the application of the laws of another jurisdiction. You and OID agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco,California to resolve any legal matter arising under the Terms. Notwithstanding this, you agree that OID shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This site is meant to be used by persons and organizations on an invitation-only basis. The content on this site, including domain names, trademarks, monetization partners, and other information, is provided by OID and its third party content providers for your personal information only, and is not intended to be relied upon for any action or decision. This information is gathered through automated means and is subject to change. Content on this site is not appropriate for the purposes of making a determination to pursue legal claims regarding a particular domain or making any determination on whether a particular domain is confusingly similar to a registered trademark. Nor does this site provide any form of advice amounting to legal advice, or make any recommendations regarding particular domains and whether they may violate any rule or regulation. Such a determination is complex and should be made with the advice of competent legal counsel.
Neither OID nor its third party content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon.
OID EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF ANY THE CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE.