The terms of use are binding for all users of Oxington GmbH software, Internet or services and regulate the scope and extent to which Oxington GmbH works with data.
THE BINDING ARBITRATION CLAUSE AND CLASS EXCLUSION IN SECTION 14 (DISPUTE RESOLUTION) GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THIS SECTION. IF YOU DO NOT AGREE TO THE BINDING ARBITRATION CLAUSE AND CLASS EXCLUSION, PLEASE DO NOT USE OUR SERVICES, SERVICES OR SOFTWARE PROGRAMS.
These Terms of Use (the “Terms of Use”), together with any additional terms (see Section 1.2 (Additional Terms) below) (collectively, the “Terms”) govern your use and access to the Website, support, discussion forums or other interactive areas, services or features and services such as huntingcat. com, inukit.co.uk, projomo.com (collectively, the “Services” or “Services”) and the Oxington software that is part of the Services, as well as any applications, including mobile applications, sample files and content files (see definitions below), scripts, command sets and related documentation (collectively, the “Software” or “Software Programs”). If you have agreed to the Subscription Terms and Cancellation Options, they are also considered part of these Terms. The subscription terms and termination options set forth for the Software apply. However, the remainder of these Terms govern your use and access to the Services and Software programs. If you have entered into another contract with Oxington for specific services or software, the terms of that contract will take precedence over the Terms in the event of a conflict.
You must be at least 16 years old to register for your own user account.
Oxington GmbH, a company incorporated under the laws of Germany, is your contracting party, regardless of your domicile, and the Terms are governed by the laws of Germany without regard to conflict of law provisions. Oxington does not intend to limit these rights where prohibited by law.
Oxington’s Services and Software are licensed, not sold, to you and may be subject to one or more of the following additional terms and conditions (“Additional Terms”). In the event of any conflict between the provisions in the General Terms of Use and the Additional Terms, the Additional Terms associated with the particular Service or Software shall prevail. The Additional Terms may be amended as described in Section 1.6 (Updates to the Terms) below. Germany without regard to conflict of law provisions. Oxington does not intend to limit these rights where prohibited by law.
If you have received an “Entitlement” (defined as the right to use and access the Software and Services) from an organization or group, including but not limited to a corporation or other commercial entity, government entity, non-profit organization or educational institution (each, an “Enterprise”) under an Enterprise User Access Agreement, then (A) you are an “Enterprise User” or “Enterprise User” of such Enterprise; (B) your user access associated with such authorization is a “Company Profile”; and (C) all references to “you” in these Terms mean such Company. If you are an Enterprise User, you agree that, based on your authorization by such Company, Oxington may (1) use, access, remove, retain and control your Company Profile and all content contained therein, whether uploaded or imported before or after the date these Terms were last updated; (2) your use of the Services and Software is subject to Company’s contract with Oxington; and (3) Oxington may disclose your personal information to Company. If you are an Enterprise User with authorizations from multiple companies, each company may have separate company profiles associated with it. As an enterprise user, you may have other contracts with or obligations to a company that may affect your company profile or content. Oxington is not responsible for breaches of such contracts or obligations. If you have not received permission from a company
As an individual or corporate user, you can create a Bern user account with an email address provided or assigned to you by a company (e.g. your business email address). If the company establishes a direct relationship with Oxington, it may wish to add your account to that relationship. In this case, the company may transfer your account to the company’s account with prior notice. This means that Company may (A) access the account; (B) take control of the account and all content in it, whether saved, uploaded, or imported before or after the date these Terms were last updated; and (C) recommend that any non-Company content associated with that account be moved to a new account that uses an email address not associated with Company. As an individual or company, you also acknowledge that Oxington may share your personal information, such as your name or email address, with that company. If you do not want a business to access, use, remove, retain or control an account or profile, do not use a business email address for that account. Information on how to change the email address associated with your account can be found here.
You (as a company or individual, as the case may be) retain all rights and ownership of your content. Oxington does not claim ownership of your content.
Oxington may make changes to the Terms of Use from time to time. When it does, Oxington will notify you by changing the date at the top of the Terms. In some cases, Oxington may provide you with additional information. You should review the Terms regularly. Unless otherwise stated, the amended Terms will take effect immediately and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software.
For information about how Oxington collects, uses, shares or otherwise processes information about you and your use of Oxington’s applications and websites, please see Oxington’s Privacy Policy. You have the ability to manage your information preferences here.
To the extent permitted by law, Oxington will only access, view or listen to Your Content (as defined in Section 4.1 (Content) below) in exceptional and limited circumstances. In order to provide the Services, Oxington may need to access, view or listen to Your Content to (A) respond to feedback or support requests, (B) respond to fraud, security, legal or technical issues, or (C) enforce the Terms of Service. Oxington’s automated systems may analyze your content using techniques such as machine learning to improve Oxington’s services, software, and user experience. You can find more information about Oxington’s machine learning practices here.
Where Customer Data includes personal data and you are considered a “data controller” and Oxington is considered a “processor” for the purposes of the General Data Protection Regulation, EU Regulation 2016/679 (“GDPR”), the terms of Oxington’s Data Processing Agreement (“GDPR”), including the European Commission approved Standard Contractual Clauses, will apply to the processing of such personal data and are incorporated by reference into the Terms and Conditions.
You agree not to use the Services or the Software to collect, process or store any Special Categories of Personal Data. You agree not to transfer, disclose or otherwise make available any Special Categories of Personal Data to Oxington or any third party provider of Oxington. “Special categories of personal data” means an individual’s financial data, sexual orientation data, medical or health data protected by health data privacy laws, biometric data (for the purpose of uniquely identifying an individual), and children’s personal data protected by laws protecting the privacy of minors (e.g., via the U.S. Privacy Shield Act). For example, through the Children’s Online Privacy Protection Act (“COPPA”), and any other types of information covered by this or a similar term (such as “sensitive personal information” or “sensitive personal data”) used in applicable privacy or personality rights laws.
Oxington processes and stores data in the EU, EEA and other countries. By using Oxington’s programs and websites, you consent to Oxington exporting your personal data across national borders and to other countries where Oxington and its partners operate. For example, personal data collected about users in China will be exported from China.
Provided that you comply with the Terms and applicable law, you may access the services and software provided by Oxington for which you have been licensed by Oxington. Your licenses expire at the end of the term specified in your order document. The versions of the Services and Software available at the time of your renewal may differ from the versions that were available when you first purchased your licenses from Oxington. You agree that your decision to use or purchase Software or Services is not contingent on the availability of any future features or functionality or any oral or written public statements by us regarding future features or functionality.
Oxington and Oxington’s licensors remain the sole owners of all right, title and interest in and to the Services and Software. Except as set forth in the Terms of Use, Oxington does not grant you any rights to patents, copyrights, trade secrets, trademarks or other rights with respect to the components of the Services and Software. Oxington reserves all rights not granted under the Terms of Use.
Oxington recommends that you periodically back up your Content to an alternate location if the Services also provide storage space and this feature is enabled by the applicable Services. Oxington may impose reasonable technical limits on file size, storage space, processing capacity, or other technical limitations on your Content. Oxington may suspend the Services until the storage limit set for your account is no longer exceeded. At the end of your license term, Oxington will use commercially reasonable efforts to allow you to transfer your Content from the Services. The transfer must be completed within 30 days of the effective termination date or the end of your license term. After this 30-day transition period, Oxington reserves the right to delete your Content. You should download any content you have stored on the Services before your license expires.
“Sample files” are files provided by Oxington that are identifiable as sample files, such as audio or video files, image files, or other content files for use in tutorials, demonstrations, and other testing purposes. Sample files may not be used for any purpose other than that for which they were provided. You may not distribute sample files in a way that allows third parties to use, download, extract or access sample files as stand-alone files, and you may not claim any rights to sample files.
“Sample files” are files provided by Oxington that are identifiable as sample files, such as audio or video files, image files, or other content files for use in tutorials, demonstrations, and other testing purposes. Sample files may not be used for any purpose other than that for which they were provided. You may not distribute sample files in a way that allows third parties to use, download, extract or access sample files as stand-alone files, and you may not claim any rights to sample files.
Oxington may offer free memberships, subscriptions, offers or trials at its sole discretion. If you are granted access to the Services and Software for free or for trial purposes, such access is subject to these Terms of Use. At any time before or during the free trial period, Oxington may, in its sole discretion, terminate the free access without notice and without any liability to you, to the extent permitted by applicable law, for any reason, including to prevent abuse of the free trial access. After the expiration of the free trial period, you may continue to use the Services or Software only by signing up for a paid subscription, if available or otherwise permitted by Oxington. During the Free Trial Period, no express or implied warranties apply to the Services and Software. All Services and Software are provided “as is” with all defects, and no technical or other support is included.
Oxington may also refer to the Services and the Software as a “trial version”, “evaluation version”, “not for resale version” or similar. You may install and use the NFR Version only during the period and solely for the purposes specified by Oxington when providing the NFR Version. You may not use the materials created with the NFR Version for commercial purposes.
(A) Pre-Release or Beta Version. Oxington may designate the Services or the Software or a feature of the Services or the Software as a trial subscription or pre-release, pre-release or beta release (“Beta Release”). A Beta Version does not represent the final product and may contain errors that could result in system or other failures and loss of data. The Beta Version may not be released for commercial use. You must immediately stop using the beta version and destroy all copies of the beta version if Oxington asks you to do so. In consideration for your use of a beta, you agree that Oxington may collect data about your use of the beta to improve Oxington’s products and personalize your user experience, regardless of whether you have disabled data collection for non-beta versions. If you do not want your usage to be logged, you must stop using the beta version by uninstalling the beta version or using a non-beta version of the Services or Software. Any separate agreement Oxington enters into with you for the Beta Version will take precedence over this section.
(B) Educational Institution Version. If Oxington identifies the Services or Software as a version for use by Educational Users (“Educational Version”), you may use the Educational Version only if you meet the eligibility requirements set forth herein. You may only install and use the Educational Institution Version in the country in which you meet the authorization requirements for Educational Institution Users. If you are located in the European Economic Area, “country” in the preceding sentence means the European Economic Area.
The Services and Software may include third-party services and software, and you are responsible for complying with all applicable terms and conditions of such third parties. Some third party terms that may apply to your use of the Services and Software are available. Access to the Services and Third Party Software is provided for convenience only, and Oxington assumes no responsibility for such Third Party Services and Third Party Software.
“Content” means text, information or materials such as audio files, video files, electronic documents or images that you create or upload or import into the Services or the Software in connection with your use of the Services or the Software. You may not upload any content that is prohibited by applicable law. Oxington reserves the right to remove Content or restrict access to Content, Services and Software if any of your Content is found to violate these Terms. While Oxington does not screen all Content uploaded to the Services or Software, Oxington may use available technologies, vendors and procedures to screen for certain types of illegal Content (e.g., child pornography) or other abusive Content or behavior (e.g., patterns of behavior that indicate unsolicited commercial email or fraudulent acquisition of sensitive information, or passwords that indicate that Content has been provided to minors).
Solely for the purpose of operating or improving the Services and Software, you grant Oxington the non-exclusive, worldwide, royalty-free, sublicensable and transferable right to use, reproduce, publicly display, distribute, modify (e.g., to better display your Content), publicly perform and translate your Content when you upload Content to the Services or Software.
(A) Sharing. Some Services or Software may include features that allow you to share or publish your Content. “Sharing” means emailing, posting, transmitting, streaming, uploading or otherwise making your Content available (to Oxington or other users) through your use of the Services and Software. Other users may use, copy, modify or share your content in a variety of ways. Think carefully about what content you share or post, as you are fully responsible for the content you share.
(B) Scope of access. Oxington does not monitor or control what others do with your content. You are responsible for setting the restrictions on your content and the appropriate level of access. If you do not set an access level for your content, the lowest security level may be selected automatically. It is your responsibility to inform other users about how they can share your content and to set the appropriate access and sharing level for your content.
(C) Comments. Any comments you make about the Services and the Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, by other users or by Oxington.
You may revoke this license right in connection with Your Content at any time and withdraw Oxington’s rights by removing Your Content from the Service. However, Oxington may retain some copies of your content as part of routine backups.
You are under no obligation to provide Oxington with any ideas, suggestions, concepts, or bug or crash reports (“Feedback”). However, if you submit Feedback to Oxington, you grant Oxington a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable and transferable license to create, use, sell, offer for sale, import, export, reproduce, publicly display, publicly perform, publicly distribute and modify the Feedback.
You are responsible for all activities that occur through your account, even if such activities are not by you or occur without your knowledge or consent. Notify Support immediately if you become aware of any unauthorized use of your Account. You may not (A) intentionally or unintentionally disclose your account information (except to an authorized account administrator) or (B) use someone else’s account. Your account administrator may use your account information to manage your access to and use of the Services and Software.
You are responsible for keeping your account active. This means that you must log in regularly to avoid interruptions or loss of access to the Services and Software, as well as termination of your account. If you do not log in to your account regularly, Oxington reserves the right to assume that your account is inactive and you agree that Oxington may close it for you. You understand that if your account is closed, you will lose access to all content stored in your account. Before your account is closed due to inactivity, Oxington will attempt to notify you. For the avoidance of doubt, this section 5.2 (Account Inactivity) does not apply to paid accounts.
Oxington communities are generally made up of users who expect a certain level of courtesy and professionalism. They must use the services and software responsibly.
You may not misuse the Services or the Software. For example, you may not,
(A) use the Services or Software without or in violation of a written license or agreement with Oxington;
(B) copy, modify, make available, play back in real time (streaming), sublicense or resell the Services or the Software;
(C) allow or permit others to use the Services or Software using your account information;
(D) offer, use or authorize the use of the Services or the Software as part of a computer services business, a third party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a timeshare basis, as part of a hosted service or on behalf of a third party;
(E) use the Software to create any type of database or record;
(F) access or attempt to access the Services or the Software through any method other than the interface provided by Oxington or approved by Oxington;
(G) circumvent access or usage restrictions designed to prevent certain uses of the Services or Software;
(H) publish any Oxington customer content or writings or otherwise engage in any conduct that infringes the intellectual property rights of any third party. “Intellectual Property Rights” means copyrights, moral rights, trademark rights, trade dress rights, patent rights, trade secret rights, unfair competition rights, privacy rights, rights of publicity, and all other proprietary rights;
(I) publish content that is unlawful, harmful, threatening, obscene, violent, abusive, immoral or defamatory
You must pay all applicable taxes and applicable third party fees (including telephone, mobile, internet service provider, data subscription, credit card, foreign exchange and foreign transaction fees). Oxington is not responsible for these fees. If you have any questions about fees, please contact your banking institution. Oxington may take any action necessary to collect any outstanding charges from you. You are responsible for all associated collection fees and costs. If you are located in a different country than the particular Oxington entity with which you transact, your payments will be made to a foreign entity.
You authorize Oxington to store your payment method and use it in connection with your use of the Services and the Software, as described in your Agreement and the Termination Terms. To avoid interruptions to your Service, Oxington may participate in programs supported by your credit card provider to attempt to update your payment information. You authorize Oxington to charge your account with the updated information that Oxington receives.
By uploading your Content to the Services or the Software, you confirm that you (A) have all necessary licenses and permissions to use and distribute your Content and (B) have the necessary rights to grant the licenses in accordance with the Terms.
You shall indemnify and hold Oxington and Oxington’s affiliates, subsidiaries, subsidiaries, officers, agents, employees, partners, and licensors harmless from all claims, demands, losses, and damages, including reasonable attorneys’ fees, arising out of or relating to your Content, Oxington’s customer communications, your use of the Services or the Software, or any violation by you of the Terms of Use. Oxington shall have the right to assume the defense of any claim, action or matter related to indemnification by you with counsel of Oxington’s choice. You shall cooperate fully with Oxington in the defense of any such claim, suit or matter.
9.1 Except as otherwise set forth in the Additional Terms, the Services and Software are provided “as is”. To the maximum extent permitted by law, Oxington disclaims all warranties, express or implied, including the implied warranties of title, merchantability and fitness for a particular purpose. Oxington makes no warranties of any kind with respect to the content of the Services. Oxington further does not warrant that (A) the Services or the Software will meet your requirements or be uninterrupted, timely, secure or error-free; (B) the results that may be obtained from the use of the Services or the Software will be effective, accurate or reliable; (C) the quality of the Services or the Software will meet your expectations; or (D) any errors or defects in the Services or the Software will be corrected.
9.2 Oxington expressly disclaims any liability for any actions resulting from your use of the Services or Software. Your access to and use of the Services and Software is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from your use of or access to the Services or Software.
9.3 If you submit your Content to Oxington’s servers for sharing through the Services, Oxington is not responsible for: (A) loss, corruption or damage to your content; (B) deletion of content by parties other than Oxington; (C) use of your content by third parties on other websites or in other media.
10.1 Except as otherwise set forth in the Additional Terms, Oxington will not be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages of any kind, including loss of use, loss of data, loss of reputation, loss of revenue or loss of profits, regardless of cause; (B) based on any theory of liability, including breach of contract or warranty, negligence or other tort; or (C) arising out of any other claim relating to your use of or access to the Services or the Software. Access to them. In the event of gross negligence, willful misconduct by Oxington or Oxington’s employees, or death or personal injury, nothing in these Terms shall limit or exclude Oxington’s liability.
10.2 Oxington’s total liability in respect of matters arising in connection with the Terms of Use shall be limited to the greater of (A) USD 100 or (B) the total amount paid by you for access to the Services or Software during the three month period prior to the event giving rise to the liability.
10.3 These limitations and exclusions in this Section 10 (Limitation of Liability) apply to the fullest extent permitted by law, even if (A) a remedy does not fully compensate you for losses or fails of its essential purpose or (B) Oxington knew or should have known that damages were possible.
10.4 These Terms set out the entire liability of Oxington and its affiliates and your exclusive remedy in relation to your access to and use of the Services and the Software.
You may terminate your use of the Services or the Software at any time. The termination of your account does not release you from your obligations to pay outstanding fees or to continue existing terms.
If Oxington terminates the Terms or your use of the Service(s) or the Software without cause, Oxington will use reasonable efforts to notify you at least 30 days prior to termination by sending a notice to the email address you have provided and providing you with instructions on how to retrieve your Content. Please note that if you terminate, you may lose access to your Content as described in Section 4.4 (Termination of Rights). Except as otherwise provided in the Additional Terms, Oxington may terminate or suspend your right to use and access the Services or Software at any time if.
(A) you breach any of the Terms (or behave in a way that indicates that you do not intend to or are unable to comply with the Terms);
(B) you do not pay the fees for the Services or the Software on time, if applicable;
(C) you physically, verbally or otherwise abuse, threaten, harass or interfere with Oxington or Oxington personnel (in such circumstances, Oxington may alternatively suspend or restrict your access to the Services or the Software);
(D) you have repeatedly made complaints in bad faith or without reasonable basis and continue to do so after Oxington has asked you to desist (in these circumstances, Oxington may alternatively suspend or restrict your access to the Services or Software);
(E) it is necessary for Oxington for legal reasons (e.g. if the provision of the Services or Software to you is or becomes unlawful);
(F) Oxington decides to discontinue the Services in whole or in part
Upon expiration or termination of the Terms of Use, some or all of the Services or software programs may cease to function in whole or in part without notice. Your indemnification obligations and Oxington’s warranty disclaimers, limitations of liability and dispute resolution provisions under the Terms of Use will remain in effect.
The Services or Software and their use are subject to the restrictions and regulations of Germany and other jurisdictions that (A) govern the import, export and use of the Services and Software and (B) may prohibit Oxington from providing the Services and Software without notice. By using the Services and Software, you agree to comply with all such laws, restrictions and regulations, and you warrant that you are not prohibited from receiving the Services and Software under the laws of any such jurisdiction.
In the event of any concerns or disputes, you agree to first attempt to resolve the dispute informally by contacting Oxington. If a dispute is not resolved within 30 days of receipt by Oxington, any resulting legal action must be resolved by a final and binding decision of an arbitrator, including whether arbitration is required. Claims related to the Terms of Use, Services or Software are permanently barred if not brought within one year of the event giving rise to the claim.
The arbitration will be conducted in Germany in accordance with the German Arbitration Rules. An arbitrator selected by you and Oxington will be appointed. The arbitration will be conducted in German or English, provided, however, that witnesses whose native language is not German may give evidence in their native language, which will be simultaneously interpreted into English (at the expense of the party naming the witness). The arbitration award can be made in any court with jurisdiction over you and Oxington and is enforceable there.
You can only resolve disputes with Oxington individually, and you cannot proceed as a plaintiff or representative in a class or representative action.
Notwithstanding the foregoing, you agree that Oxington may seek injunctive (or equitable) relief in any court if you or anyone else accesses or uses the Services and Software without authorization or in violation of the Terms of Use.
Companies agree that Oxington shall have the right, no more than once every twelve (12) months upon seven (7) days’ prior notice, to engage Oxington personnel or an independent third party bound by confidentiality obligations to audit (including by manual audit and/or electronic methods) your records, systems and equipment to confirm that your installation and use of Services or Software is in compliance with the terms of applicable Oxington licenses. In addition, within 30 days of a request, you must provide Oxington with all documentation and information requested by Oxington to enable Oxington to ensure that your installation and use of services and software is in accordance with the terms of Oxington’s applicable licenses. If verification indicates that insufficient licenses for the Services and Software have been purchased, you must promptly purchase all required licenses, subscriptions, and maintenance and support services for the past period. If the underpayment of fees exceeds 5% of the value of the license fees payable, you will also pay Oxington’s reasonable costs for the review.
Oxington may change, update or discontinue the Services and Software (including certain portions or features) at any time without liability to you or any third party. However, in the case of changes to paid offerings, Oxington will use reasonable efforts to notify you of the change, update or discontinuance. If Oxington discontinues the Services or Software altogether, Oxington will use reasonable commercial efforts to allow you to transfer your Content, and you will receive a pro rata refund from Oxington for any unused fees for the Service or Software that you have prepaid.
The web pages describing the Services are accessible worldwide. However, this does not mean that all Services or features of the Services are available in your country, or that any user-generated content made available through the Services is legal or available in your country. Access to certain Services (or certain features of the Services, sample files or content files) may be blocked in certain countries by Oxington or foreign governments. It is your responsibility to ensure that use of the Services is legal or available in the country in which you use them. The Services are not available in all languages.
Except as expressly permitted in the Terms, you may not (A) modify, port, adapt or translate any part of the Services or Software, or (B) decompile, disassemble or otherwise attempt to discover the source code, data representations or underlying algorithms, processes or methods within the Services or Software or any part thereof. If you are entitled under the laws of your country to decompile the Services or Software in order to obtain information necessary to operate the licensed portions of the Services or Software in conjunction with other software, you must first request such information from Oxington. Oxington may, in its sole discretion, provide you with such information or impose reasonable conditions on the decompilation of the Services and Software, including a reasonable fee to ensure that Oxington’s proprietary rights in the Services and Software and the proprietary rights of Oxington’s suppliers are preserved.
You can send messages to Oxington to the following address: Oxington GmbH, Kressenweg 39, 12623 Berlin -Germany.
Oxington may provide you with notices by email, regular mail, postings on the Services, or other legally permissible means. It is your responsibility to keep your account information up to date so that you can receive notifications.
You may not assign or otherwise transfer the Terms or your rights or obligations under the Terms, in whole or in part, without Oxington’s written consent. Any such attempt is void. Oxington may assign Oxington’s rights under the Terms to a third party.
If you are a U.S. Government agency or the Terms are subject to the Federal Acquisition Regulations (FAR), the Services and Software provided under the Terms are “commercial items” as defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software support materials” and related services as defined at 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Pursuant to 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, U.S. Federal Government end users are licensed commercial computer software and commercial computer software documentation (A) solely as a commercial item and (B) solely with the rights granted to all other end users under the terms and conditions set forth herein. Unpublished rights are reserved by Oxington GmbH, Kressenweg 39, 12623 Berlin, Germany, under the laws of the United States of America.
The headings used in these terms and conditions are for convenience only and are not used to explain the meaning or intent.
If any provision of the Terms and Conditions is found to be invalid or unenforceable for any reason, the remainder of the Terms and Conditions shall remain in full force and effect.
Oxington’s failure to enforce or exercise any provision of the Terms of Use shall not constitute a waiver thereof.
Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Oxington) under the Terms of Use if the delay or failure is due to unforeseen events occurring after the effective date of the Terms of Use and beyond the reasonable control of the parties, such as strikes, blockades, wars, terrorism, riots, natural disasters, denial of government or other governmental authority, if such event prevents the affected party from performing its obligations. such as strikes, blockades, wars, terrorism, riots, natural disasters, denial of governmental or other official authority, if such an event prevents or delays the affected party from fulfilling its obligations and that party is unable to prevent or remedy the force majeure with reasonable effort.
