Terms and conditions of use

1. WHAT SERVICES DO THESE TERMS COVER?

These terms of use ("Terms") cover the following products and services ("Service") however accessed and/or used, which are operated by or otherwise made available by the OOO LLC. or its affiliates ("Ooonimals" or "we", "us", or "our"):

1. www.ooonimals.com;
2. The Ooonimals trading account system;
3. All apps published by Ooonimals, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms ("Apps"), unless otherwise indicated in the app;
4. The Ooonimals mint, jacks, collection books and general merchandise;
5. All email newsletters published or distributed by Ooonimals; and
6. All other interactive features, services, and communications provided by Ooonimals.

2. THIS IS AN AGREEMENT BETWEEN YOU AND Ooonimals LLC

By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms. and any code of conduct that we may put forth from time to time. Where you are permitting a minor to use the Service, you are also agreeing that the minor will adhere to the Terms. Ooonimal's Privacy Notice (www.ooonimals.com/privacy-notice) ("Privacy Notice"), explains Ooonimal's collection, use, transmission and disclosure of your personal information provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission and disclosure of your personal information or data as described in the Privacy Notice (and as amended from time to time). You should review the Privacy Notice before using the Service.

If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.

3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS

Unless otherwise noted, all content on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Ooonimals and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have created or developed including "Trader Images", screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.

All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service and subject to any limitations under applicable law, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It's also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to Ooonimals Customer Service directly so we can address them as quickly as possible. Visit Ooonimals Support for information on how to contact us.

Opinions, advice and all other information expressed by any third-parties on the Service represent their own views and not those of Ooonimals. You should not rely on such opinions, advice or other information. Neither Ooonimals nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.

4. COPYRIGHT INFRINGEMENT CLAIMS

If you believe a portion of the Service infringes your copyright and you wish to file a copyright infringement notification with us, please visit http://www.ooonimals.com for directions on submitting a copyright infringement notice to us.

5. USER RIGHTS AND RESTRICTIONS

These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, noncommercial home use only. In no instance may you:

1. Change or remove any copyright and other proprietary notices from content on the Service;
2. Modify, or create derivative works based on, the content;
3. Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.
4. Use the content in any manner:
   1. suggesting an association with any other products, services, or brands,
   2. that is likely to cause confusion among customers,
   3. that disparages or discredits Ooonimals,
   4. that is otherwise exploitative for any commercial purpose; or
   5. that otherwise infringes our intellectual property rights;
5. Download quantities of content to a database for any reason;
6. Decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Service;
7. Develop functionally similar products or services to any Service;
8. Use any Service for the benefit of any third party or transfer access to the Services to any third party;
9. Use the Service or content for commercial purposes, including, but not limited to:
   1. selling access to all or part of the Service; or
   2. placing advertising, sponsorships, or promotions on or within the Service or content;
10. Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
11. Infiltrate any system used to operate the Service;
12. Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or system used to operate the Service; or
13. Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.

Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.

You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your any account, login ID and password you use in connection with the Service, including by not reusing passwords you have used with the Service for any other account. You agree that Ooonimals will not be responsible for any losses arising out of any unauthorized use of your Ooonimals accounts.

Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service at any time.

6. CONDUCT AND COMMUNITY STANDARDS

You are prohibited from posting or transmitting any material to the Service that could:

1. interfere with anyone else's use of the Service;
2. be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way;
3. encourage anyone to break the law;
4. violate anyone's copyright or other property right;
5. interfere with the privacy of any other user;
6. contain a virus or any other harmful component; or
7. contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.

7. PLAYER TRADING ACCOUNTS

In order to access some features of the Service, you will need to create a Ooonimals account ("OA Account"). If you elect to create a Ooonimals Account (Ooonimals.com/Signup), you agree to:

1. Provide true, accurate, current and complete information about yourself ("Profile Data").
2. Maintain and promptly update the Profile Data to keep it accurate.
3. Only maintain one OA Parent Account.
4. Never use another person's OA Account.
5. Bear full responsibility for the activity on your account and the security of your account credentials.

We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Service.

A Special Note Concerning Privacy and Children Online. Parents may sign up multiple children to access this Service under their OA Account.

8. CONTESTS; SWEEPSTAKES

This Service may refer to contests, sweepstakes or similar events that offer prizes or require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.

9. VIRTUAL CONTENT

We may, at various times, permit you to use "real world" money to buy Virtual Content. "Virtual Content" is a generic term for the products and services available to users free of charge, via code card redemption, or for purchase within the Service which may be used within the Service to access certain features, functions, and other Virtual Content. Virtual Content includes but is not limited to, virtual items like digital mint or jack. Certain features in the Services may be unavailable if not purchased.

We may, from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content or real world content such as certain physical Ooonimal products. You may only acquire Virtual Content in the amount and at times permitted by us in our sole discretion and may only purchase Virtual Content for your personal use within the Service. The inclusion of any Virtual Content at a particular time does not imply or warrant that the same Virtual Content will be available at any or all times. All features, content, capabilities, and specifications of Virtual Content described or depicted in the Service are subject to change at any time without notice.

Virtual Content does not have monetary value, and may not be redeemed for legal currency, services, or items of value outside of the Services. Virtual Content obtained via the Service is provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest; right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.

10. PURCHASING VIRTUAL CONTENT

For all charges for any Virtual Content sold on the Service, we, or payment processor acting on our behalf, will bill your credit card or alternative payment method. All prices for Virtual Content are displayed excluding taxes. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Virtual Content or the products or services purchased with such Virtual Content from your account. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

11. ALL PURCHASES OF VIRTUAL CONTENT ARE NON-RETURNABLE AND NON-REFUNDABLE

If you redeem Virtual Currency to purchase in-game virtual items, you lose any statutory right of withdrawal because we begin performing our services upon your redemption of Virtual Currency for Virtual Content. If through some problem with your account or any other reason you lose Virtual Content and we can verify that you had it, we will make commercially reasonable efforts to replace them.

12. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY

Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Content under local law.

13. TRADING VIRTUAL CONTENT

Certain portions of the Service allow a user to enable trading of Virtual Content with other users. You acknowledge that your decision to enter into any trade of Virtual Content is at your sole discretion and your own risk. We do not screen trading partners and we make no guarantee that a trade will be satisfactory or that trades will be a fair exchange of value between the parties to that trade. We reserve the right to determine in our sole discretion, with or without notice, what and when Virtual Content may be traded between and among users. Non-tradable items cannot be traded under any circumstances.

In some cases, traded Virtual Content may only be traded for similar items (e.g. a mint may only be traded for another mint or combination of mint). In no event may you trade any Virtual Content for "real" money, any other good or service outside of the Service, or any promise to provide certain products or services whether in-Service or outside the Service. Any attempt to trade outside the Service may result in your AO Account being suspended or terminated.

14. UPDATES AND CHANGES TO THE SERVICE

We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You also accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us even if this causes you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Service.

15. DISCLAIMER

THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER OOONIMALS NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OOONIMAL'S NEGLIGENCE, WILL OOONIMALS OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF OOONIMALS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF OOONIMALS AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED $100.00.

YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your OA Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold Ooonimals and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Ooonimals reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Ooonimals.

17. GENERAL PROVISIONS

These Terms, our Privacy Notices, and any additional terms posted on this Service together constitute the entire agreement between Ooonimals and you with respect to your use of this Service. Any cause of action you may have related to to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms are governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions, as applied to agreements executed by California residents and performed solely within the State of California, and you submit to personal jurisdiction in California You irrevocably agree that the state and federal courts located in the State of California, U.S.A. will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of this Agreement.

18. DISCLAIMER

Ooonimals disclaims all warranties with regard to the information provided on this web site or other sites "hot linked" to this site, including all express or implied warranties of merchantability or fitness for a particular purpose. In no event will Ooonimals be liable for any direct, incidental, special, indirect, consequential damages, or punitive damages whatsoever resulting from loss of use, data, business interruption, sales, or profits, whether in a contract, negligence, or other tortious action, arising out of access to, use of, or in connection with the use, inability to use, accuracy, suitability, or performance of this information, even if Ooonimals is expressly advised about the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

OVERVIEW

This website is operated by Ooonimals. Throughout the site, the terms “we”, “us” and “our” refer to Ooonimals. Ooonimals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Ooonimals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ooonimals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Los Angeles California.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at irene@ooonimals.com

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