TERMS & CONDITIONS OF USE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) concerning the Site. This Agreement constitutes the entire and only agreement between OC Acoustic and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of the order, or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on OC Acoustic only if agreed in writing by you and an authorized representative of OC Acoustic. This Agreement may be amended by OC Acoustic at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement before using the Site.
2. Use of the site. By accessing the Site and/or ordering any product, you are agreeing to not use OC Acoustic’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
3. Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by OC Acoustic in its sole discretion.
4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. By posting of information or materials on the Site, OC Acoustic does not waive any right in such information and materials.
5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
6. Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from this Site has been copied in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org, and provide the following information ("Notice")
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7. Please note that this procedure is exclusively for notifying OC Acoustic that your copyrighted material has been infringed. Upon receipt of your notification, OC Acoustic will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but cannot collect or return allegedly infringing products.
8. Editing, Deleting, and Modification. OC Acoustic reserves the right in OC Acoustic’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without notice.
11. Payments. You represent and warrant that if you are purchasing something from OC Acoustic that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. OC Acoustic does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production.
12. Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. OC Acoustic will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.
13. No Resale. Other than as expressly permitted in writing by an authorized representative of OC Acoustic, you agree not to resell or exploit for other commercial purposes Products purchased on this Website.
14. Links to Other Web Sites. The Site contains links to other websites. OC Acoustic is not responsible for the content, accuracy, or opinions express in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by OC Acoustic. The inclusion of any linked website on OC Acoustic’s Site does not imply approval or endorsement of the linked website by OC Acoustic. If you decide to leave OC Acoustic’s Site and access these third-party sites, you do so at your own risk.
15. Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to OC Acoustic (collectively, “Submissions”) shall be deemed and shall remain OC Acoustic’s sole property and shall not be subject to any obligation of confidence on OC Acoustic’s part. Without limiting the foregoing, OC Acoustic shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
16. Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. OC Acoustic retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, OC Acoustic provides no warranty that designs created using our text tools and images will not infringe or be subject to a claim of infringing, the trademark or other rights of another party.
OC Acoustic reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to social media channels, website materials, advertisements, and print materials.
Contain obscene, vulgar or profane content, including hate speech or symbols,
Contain explicit sexual content or innuendo,
Encourage violence, hate or negative stereotypes against individuals or groups,
Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity,
Incite public outrage or inspire violence,
Portray or promote irresponsible use of alcohol or other substances, or
Libel or defame an individual or group.
17. Return Policy. OC Acoustic’s Return Policy is a part of this agreement.
18. Verify Address. OC Acoustic reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from OC Acoustic.
19. Order Modification/Rejection. OC Acoustic reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, OC Acoustic will issue a credit to your credit card account for the amount rejected.
20. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL OC ACOUSTIC OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OC Acoustic’s SERVICES AND PRODUCTS 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 OC Acoustic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) 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 WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Indemnity. You agree to defend, indemnify and hold OC Acoustic and its officers, managers, employees, agents, and licensors harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
22. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to OC Acoustic shall be sent by mail to OC Acoustic, Attn: Legal, XXXXX Address. In the case of notices OC Acoustic sends to you, you consent to receive notices and other communications by OC Acoustic posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that OC Acoustic provides to you by the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice for California Residents
23. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please Contact Us.
You may also contact us by writing to OC Acoustic, Attn: Legal, xxxx address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
Last updated March 24, 2020