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- OxWil.net
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- OxWil.info
- oxVee.com
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- soxwil.com
- Sherry-Ann.com
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- penelopewilliams.name
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1. ACCEPTANCE OF TERMS
Welcome to OxWil Industries. OxWil Industries provides its
service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the
TOS at any time at: https://www.oxwil.net/legal/TOS.html.
In addition, when using particular OxWil Industries services,
you and OxWil Industries shall be subject to any posted
guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
OxWil Industries currently provides users with access to a rich
collection of resources, including, various communications
tools, forums, shopping services, personalized content and
branded programming through its network of properties (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are
necessary for OxWil Industries to provide the Service. Unless
explicitly stated otherwise, any new features that
augment or enhance the current Service, including the
release of new OxWil Industries properties, shall be subject to
the TOS. You understand and agree that the Service is provided
"AS-IS" and that OxWil Industries assumes no responsibility for
the timeliness, deletion, mis-delivery
or
failure to store any user communications or personalization
settings.
You are responsible for obtaining access to the Service and
that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the
Service.
Please be aware that OxWil Industries has created certain areas
on the Service that may contain adult or mature content. You
must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or
OxWil Industries has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
OxWil Industries has the right to suspend or terminate your
account and refuse any and all current or future use of the
Service (or any portion thereof). OxWil Industries is concerned
about the safety and privacy of all its users, particularly
children. When you create a OxWil Industries
Account and add your child to the account, you certify that you
are at least 18 years old and that you are the legal guardian of
the child/children listed on the OxWil Industries Account. By
adding a child to your OxWil Industries Account, you also give
your child permission to access all of the Services including,
email, message boards, clubs, instant messages and chat (among
others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is
your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate
for your child.
4. OXWIL INDUSTRIES PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy at https://www.oxwil.net/legal/Privacy.html,
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify OxWil Industries of any unauthorized use of
your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session. OxWil Industries cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
OxWil Industries, is entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available
via the Service. OxWil Industries does not control the Content
posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will OxWil Industries be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
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a.
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upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity, including, but not
limited to, a OxWil Industries official, forum leader,
guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
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e.
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upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
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f.
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upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
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g.
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upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
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h.
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upload, post, email, transmit or otherwise make
available any material that contains software viruses or
any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
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i.
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disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time
exchanges;
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j.
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interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
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k.
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intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
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l.
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"stalk" or otherwise harass another; or
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m.
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collect or store personal data about other
users.
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You acknowledge that OxWil Industries does not pre-screen
Content, but that OxWil Industries and its designees shall have
the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service.
Without limiting the foregoing, OxWil Industries and its
designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
OxWil Industries or submitted to Oxwil.com, including without
limitation information in OxWil Industries Message Boards, OxWil
Industries Clubs, and in all other parts of the Service.
You acknowledge and agree that OxWil Industries may preserve
Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Oxwil.com, its users and
the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
OxWil Industries does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant OxWil
Industries the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make
available for inclusion on publicly accessible areas of OxWil
Industries Clubs and OxWil Industries Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for
the purposes of providing and promoting the specific OxWil
Industries Club or OxWil Industries Group to which such
Content was submitted or made available. This license exists
only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you
remove or OxWil Industries removes such Content from the
Service.
- With respect to photos, graphics, audio or video
you submit or make available for inclusion on publicly
accessible area of the Service other than OxWil Industries
Clubs or OxWil Industries Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the
purpose for which such Content was submitted or made
available. This license exists only for as long as you elect
to continue to include such Content on the Service and will
terminate at the time you remove or OxWil Industries removes
such Content from the Service.
- With respect to Content other than photos,
graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other
than OxWil Industries Clubs or OxWil Industries Groups, the
perpetual, irrevocable and fully sub licensable license to
use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of
the OxWil Industries network of properties that are intended by
OxWil Industries to be available to the general public. By way
of example, publicly accessible areas of the Service would
include OxWil Industries Message Boards and portions of OxWil
Industries Clubs and OxWil Industries Groups that are open to
both members and visitors. However, publicly accessible areas of
the Service would not include portions of OxWil Industries Clubs
and OxWil Industries Groups that are limited to members, OxWil
Industries services intended for private communication such as
OxWil Industries Mail, or areas off of the OxWil Industries
network of properties such as portions of World Wide Web sites
that are accessible through OxWil Industries Webring
but are not hosted or served by Oxwil.com.
9. INDEMNITY
You agree to indemnify and hold OxWil Industries, and its
parents, subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OxWil Industries may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space
that will be allotted on OxWil Industries'
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a
given period of time. You agree that OxWil Industries has no
responsibility or liability for the deletion or failure to store
any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
OxWil Industries reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge
that OxWil Industries reserves the right to change these general
practices and limits at any time, in its sole discretion, with
or without notice.
12. MODIFICATIONS TO SERVICE
OxWil Industries reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that OxWil Industries shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that OxWil Industries, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack
of use or if OxWil Industries believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. OxWil
Industries may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that OxWil
Industries may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree
that OxWil Industries shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that OxWil Industries shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because OxWil
Industries has no control over such sites and resources, you
acknowledge and agree that OxWil Industries is not responsible
for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that OxWil Industries shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource.
16. OXWIL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by OxWil Industries or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or
the Software, in whole or in part.
OxWil Industries grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
OxWil Industries for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. OXWIL INDUSTRIES EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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b.
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OXWIL INDUSTRIES MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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c.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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d.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM OXWIL INDUSTRIES OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
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18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OXWIL INDUSTRIES SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF OXWIL INDUSTRIES HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 17 and 18 again. They go doubly
for you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content
included in the Service is intended for trading or investing
purposes. OxWil Industries and its licensors shall not be
responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
22. TRADEMARK INFORMATION
OxWil Industries, the OxWil Industries logo, and other OxWil
Industries logos and product and service names are trademarks of
OxWil Industries and/or OxWil Industries. (the
"OxWil Industries Marks"). Without OxWil Industries'
prior permission, you agree not to display or use in any manner,
the OxWil Industries Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
OxWil Industries respects the intellectual property of others,
and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide OxWil Industries'
Copyright Agent the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim
is infringing is located on the site;
- your address, telephone number, and email 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 or intellectual
property owner or authorized to act on the copyright or
intellectual property owner's behalf.
OxWil Industries' Agent for Notice
of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
OxWil
Industries
LLC
Suite
2-1029
304
West
Main St
Avon,
CT
06001
By
phone:
(860) 325-2440
By
fax:
(888) 859-7602
By email: admin@oxwil.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and OxWil
Industries and govern your use of the Service, superceding any
prior agreements between you and OxWil Industries. You also may
be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you
and OxWil Industries shall be governed by the laws of the State
of Connecticut
without regard to its conflict of law provisions. You and OxWil
Industries agree to submit to the personal and exclusive
jurisdiction of the courts located within the county
of Hartford, Connecticut.
The failure of OxWil Industries to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to abuse@oxwil.com
Last Updated: July 1, 2020
