OA Media Ltd is a private limited liability company incorporated under the laws of Malta, registered with the Malta Business Register under registration number C 91305, having its business address at Level G (Office 1/0352) Quantum House, 75 Abate Rigord Street, Ta’Xbiex XBX 1120, Malta (“OA Media“). OA Media operates the website dynamic-deals.com, which promotes and fosters the POCO app (the “Website“).
2. Scope of the Terms
OA Media reserves the right to amend the Terms in whole or in part at any time and at its own discretion. You are solely responsible for keeping yourself regularly informed of any changes the Terms. By continuing to access the Website after an amendment of the Terms, You agree to be bound by the changed terms. The current versions of the Terms will always be available on our website and in our applications.
OA Media reserves the right, at its sole discretion, to change, limit, expand, improve or discontinue the Website and the Services or their respective functions at any time and without prior notice. OA Media shall not be liable for any modification, restriction, extension, improvement or discontinuation of the Website and the Services or their respective functions.
3. Use of the Website and Services
For the purpose of providing, operating and developing the Website and the Services, OA Media has the worldwide, irrevocable, non-exclusive, unlimited and transferable right to use, reproduce, distribute, modify and display the content, data and information You transmit, store or share via the Website and the Services.
The content, data or information available on or in relation to the Website or the Services serves only information purpose. Such content, data or information shall neither be deemed or construed as legally binding offer nor entitle You to a right to conclude an agreement.
OA Media reserves the right, at its sole discretion, to exclude individuals from using the Website and the Services.
While using the Website and the Services, You are obliged to always comply with the Terms and all applicable national, European Union and international laws and regulations. You are solely (i) responsible for all content, data and information uploaded, stored, shared, forwarded or created through Your use of the Website and the Services and (ii) liable for all damages resulting therefrom.
You must not upload, store, share, transmit or create any illegal, discriminatory, pornographic, sexist, denunciatory, threatening, hateful, racist, violent or violence-glorifying content or content that infringes intellectual property rights or other rights or promotes illegal or harmful activities or services.
You must not upload, store, share, forward or create content or information that contains bugs, spyware, viruses or other damages, invasive, destructive or disruptive components, spam or other computer-generated content.
OA Media may delete, change or edit any content and information that You have uploaded, stored, shared, forwarded or created at any time, without prior notice and at its sole discretion; for example, if the content violates the Terms. However, OA Media is not obliged to delete content.
If OA Media (in its sole discretion) takes the view that You are in violation of the terms and conditions set forth in this Section 3, OA Media may at any time, without prior notice, temporarily or permanently deny any and all current and future access to the Website and the Services and may claim full compensation.
4. Intellectual Property
All intellectual property rights (“IP“) associated with the Website, the Services and the content, data and information available thereon owned exclusively by OA Media, its affiliates or third parties. Except as otherwise expressly authorized by the Terms, You may not copy, reproduce, modify, rent, lease, loan, sell, create derivative works from, upload, download, transmit or distribute the IP of or included in the Website, the Services or any content, data and information available on the Website or via the Services in any manner without the express prior written consent of OA Media or the respective third party rights holder. Except as expressly provided otherwise in these Terms, OA Media does not grant any express or implied rights to OA Media’s or any third party’s IP.
OA Media grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use the Website and the Services only as provided by OA Media and (b) access and use the OA Media computer and network services (“OA Systems“) offered within the Website only as expressly permitted by OA Media. Except for this limited license, OA Media does not transfer any ownership, rights or interest in the Website, the Services or the OA Systems, including the content, data and information available thereon.
The Website, the Services and the content, data and information available thereon may not be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, or redistributed without the prior written permission of OA Media.
The Website and the Services are provided without any representations or warranties. In particular, OA Media does not represent and warrant that the Website and the Services (i) are fit for a particular purpose and/or that the result of using the Website and the Services will meet Your expectations and (ii) are provided without content or technical errors, interruptions, bugs, spyware, viruses or other defects, invasive, destructive or disruptive components. The Website and the Services may be interrupted at any time (such as for maintenance, repairs or upgrades). OA Media is not obliged at any time to correct any errors.
OA Media is not responsible for controlling how or when users access and/or use the Website and the Services. Furthermore, OA Media is not responsible for, and will not monitor, the content, data or information uploaded, stored, shared, forwarded or created by users.
The Website may contain links to websites, applications or services of third parties which are not operated or controlled by OA Media. Further websites, applications or services of third parties may contain links to the Website. OA Media is not responsible for the content, functionality, legality, security, accuracy or any other aspect of such third-party websites, applications or services. Please note that the access and/or use of third-party services is subject to their respective terms and conditions.
6. Limitation of Liability
As far as legally permissible, OA Media is only liable for damages caused by intent or gross negligence.
OA Media shall not be liable for the costs of procuring replacement services in the event that OA Media discontinues or restricts the access to the Websites and the Services.
OA Media shall not be liable for damages resulting from the loss or impairment of content, data or information uploaded, stored, shared, forwarded or created by users of the Website and the Services. Users of the Website and the Services are advised to store important content, data or information on an external storage medium.
OA Media shall not be liable for damages to Your end devices, any hardware or software that You are using, resulting from the access or use of the Website, the Services and the content, data or information available thereon.
OA Media shall not be liable for damages resulting from decisions made by You or a third party in reliance on the Websites, the Services and the content, data or information available thereon. You are aware that You use the Website and the Services at Your own risk.
You shall indemnify and hold OA Media, the respective officers, directors, shareholders and employees harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including court costs and reasonable attorneys’ fees) arising out of or in connection with any unlawful use of the Website and the Services or any breach of the Terms, as well as any claims by third parties arising from any infringement of their rights by any content, data or information You upload, store, share, transmit or create through the Website and the Services.
The Terms and any access to and use of the Website and the Services shall be subject to the laws of [Malta], excluding the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods. All disputes arising from the Terms or from access to or use of the Website and the Services shall be subject to the exclusive jurisdiction of the competent court in [Malta].
In the event that one or more provisions of the Terms are or become invalid, illegal or unenforceable under applicable law, the remaining provisions shall be unaffected. Any invalid, illegal or unenforceable provision shall be replaced by a provision which comes closest to the original purpose.
You are not permitted to assign or otherwise transfer Your rights and obligations under the Terms in whole or in part without the written consent of OA Media. OA Media is entitled to transfer its rights under the Terms to third parties.
OA Media’s failure to exercise any right or provision under the Terms shall not be deemed a waiver of such right or provision.