KEY TERMS RELATED TO CONTENT
“Collective Content” means Registered User Content and ONVOG Content.
“Content” means text, graphics, images, music, software, audio, video, information, or other materials.
“ONVOG Content” means all Content that ONVOG makes available through the Service, including any Content licensed from a third party, but excluding Registered User Content.
“Registered User” means a person who completes ONVOG’s account registration process, as described under “Account Registration” below.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.
Certain areas of the Site, and your access to or use of parts of the Service or Collective Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Last Updated Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access to the Service by anyone under the age of 13 is prohibited even with parental or guardian consent.
ACCOUNT REGISTRATION AND SECURITY
In order to access certain features of the Service and to post any Registered User Content on or through the Service, you must register to create an account (“Account”) and become a “Registered User”. You will be required to provide certain information during the registration process, and you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account for any reason at our discretion, including if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account by contacting us.
You acknowledge and agree that the Service and Collective Content may contain images and descriptions of fashion items and other content that are protected by copyright, trademark, or other laws of Saudi Arabia and foreign countries. Except as expressly provided in these Terms, ONVOG and its licensors exclusively own all rights, title, and interest in and to the Service and Collective Content, including all associated intellectual property rights. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, remove, obscure, or create derivative works based on any copyright, trademark, service mark, or other proprietary right contained on, incorporated in, or accompanying the Service or Collective Content.
All trademarks, service marks, logos, trade names, and other proprietary designations of ONVOG (the “ONVOG Trademarks”) displayed on the Service or Collective Content are trademarks or registered trademarks of ONVOG. Any other trademarks, service marks, logos, trade names, and other proprietary designations displayed on the Service or Collective Content may be the trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the ONVOG Trademarks, without our prior written permission in each instance. All goodwill generated from the use of ONVOG Trademarks will inure to ONVOG’s exclusive benefit.
Subject to your compliance with these Terms, ONVOG grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Service or Collective Content, except as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ONVOG or its licensors, except for the licenses and rights expressly granted in these Terms. Any violation of the foregoing will constitute a breach of these Terms and may result in immediate termination of your right to use the Service.
REGISTERED USER CONTENT
Registered Users may post, upload, publish, submit, and transmit Registered User Content. By making any Registered User Content available through the Service, you hereby grant to ONVOG and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. ONVOG does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content, or ONVOG’s or its users’ use of the Registered User Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by contacting us. You acknowledge and agree that all Feedback will be the sole and exclusive property of ONVOG and you hereby irrevocably assign to ONVOG, and agree to irrevocably assign to ONVOG, all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain ONVOG’s intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), ONVOG’s name, any ONVOG Trademark, or any other proprietary information of ONVOG, without our express written consent;
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;
- Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or another form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a ONVOG Trademark, ONVOG logo URL, or ONVOG product name without our express written consent;
- Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;
- Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
- Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
- Encourage or enable any individual to do any of the foregoing.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Registered User Content, but that we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including any Registered User Content, that we, in our sole discretion, consider being objectionable, in violation of these Terms, or otherwise harmful to the Service.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the text, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Registering for the Service is free, but we charge certain fees based on various transactions on the Service.
We reserve the right to change, or discontinue, temporarily or permanently, some or all of such fees (including for promotional events), and such changes are effective when we post information about the changes through the Service. We may also change our Fee Policy at any time and at our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Site or upon written notice to any user.
When buying an item through the Service, you agree to our rules and policies for Buyers described in our FAQ, which can be found at onvog.com/faqs, and our Purchases and Returns Policy, which can be found at onvog.com/terms/purchases-returns, each of which is incorporated by reference into these Terms. You further agree that you are responsible for reading the full item listing before making a decision to purchase an item.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms as they apply to you, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Service and Collective Content at any time, with or without cause. When you register to join the Service and create an Account, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to us by Registered Users arising out of or in connection with your use of a false name may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event we terminate these Terms for your breach, revoke your access to and use of the Service, or terminate or discontinue the Service and consequently these Terms, you will remain liable for all amounts due under these Terms. You may cancel your Account at any time by contacting us.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY PROVISION OF THESE TERMS THAT IMPOSES OR CONTEMPLATES CONTINUING OBLIGATIONS ON YOU OR ONVOG WILL SURVIVE THE TERMINATION OF THESE TERMS.
THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ONVOG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ONVOG MAKES NO WARRANTY THAT THE SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ONVOG MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, COLLECTIVE CONTENT, OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.
ONVOG PERIODICALLY AMENDS, CHANGES, UPDATES, AND ALTERS THE SERVICE WITHOUT NOTICE. ONVOG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE. ONVOG SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT OF, OR ANY OTHER INFORMATION ON, THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONVOG OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold ONVOG and its officers, directors, employees, agents, and representatives harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Collective Content or your violation of these Terms. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER ONVOG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR COLLECTIVE CONTENT; (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE OR COLLECTIVE CONTENT OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE OR COLLECTIVE CONTENT; (IV) YOUR VISIT TO A VENUE RESULTING FROM YOUR USE OF THE SERVICE OR COLLECTIVE CONTENT; (V) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY ONVOG; (VI) DELAYS OR DISRUPTIONS IN THE SERVICE; (VII) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICE OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO THE SERVICE; (VIII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICE; (IX) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICE; (X) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING THE SERVICE OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; (XI) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (XII) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICE; OR (XIII) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONVOG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ONVOG SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICE OR IN CONNECTION WITH THE SERVICE. ONVOG SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ONVOG SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related to these Terms will be governed by the laws of Saudi Arabia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will be the state and federal courts located in Saudi Arabia, and each of you and ONVOG waives any objection to jurisdiction and venue in such courts. If the agreement to arbitrate set forth below under the heading “Dispute Resolution” is found not to apply to you or to a particular dispute, claim or controversy, either as a result of your decision to opt-out of the agreement to arbitrate or as a result of a decision by the arbitrator or court order, the exclusive jurisdiction, and venue for the resolution of such dispute, claim or controversy will be the state and federal courts located in Saudi Arabia, and each of you and ONVOG waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between you and ONVOG regarding the Service and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and ONVOG regarding the Service and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms at our sole discretion and without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of you, ONVOG, and the respective successors and permitted assigns of you and ONVOG.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ONVOG: (i) via email to the address that you provide to us or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and ONVOG agree that any dispute, claim, or controversy that has arisen, or may arise, between you and ONVOG out of or relating to these Terms (including previous versions of these Terms) or the breach, termination, enforcement, interpretation, or validity thereof, your use of or access to the Service, the actions of ONVOG or its agents, or any products or services sold, offered, or purchased through the Service (collectively, “Disputes”) shall be settled by final and binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ONVOG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER THIRD PARTIES. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and ONVOG’s right to appeal the court’s decision. All other claims will be arbitrated.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ONVOG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or the Service, please contact us.