This agreement is valid as of Monday, 21st of August 2023,and applies between you, the User of this website and Black Ocean s.r.o. of Michelska 966/74, Michle, 141 00 Prague, Czech Republic, the operator(s) of this website (hereinafter “Black Ocean s.r.o.”, “we”, “us” or “our”). Your agreement to comply with and be bound by these Terms and Conditions (these “Terms”), is deemed to occur upon your first use of our website. If you do not agree to be bound by these Terms you should stop using oceanperform.com (our “website”) immediately.
1.2. Your access to and use of our website is conditioned on your acceptance of and compliance with all applicable terms.
1.3. We reserve the right to change these Terms at any time.
1.4. By accessing, browsing and/or using our website after updates to these Terms have been posted, you agree to be bound by the updated terms.
1.5. Your failure to comply with these Terms may result in the suspension or termination of your access to our website and may subject you to civil and criminal penalties.
2.1. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
2.2. We make material changes to these Terms from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
2.3. Our website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with our website for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to our website.
3.1. We may provide you with certain information because of your use of our website. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of our website (“our Materials”).
3.2. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use our Materials solely in connection with your use of our website. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of our website or at the termination of this Agreement.
4.1. You agree that our website and all services provided by us are the property of Black Ocean s.r.o., including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“our IP”).
4.2. You agree that we own all rights, title, and interest in and to our IP and that you will not use our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute our IP in any way, including electronically or via registration of any new trademarks, trade names, website marks, or Uniform Resource Locators (URLs), without express written permission from us.
5.1. You agree not to
5.1.1. use our website for any unlawful purpose, or any purpose prohibited under this clause.
5.1.2. use our website in any way that could damage our website, website, or general business of Black Ocean s.r.o.
5.2. You further agree not to use our website:
5.2.1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.
5.2.2. to violate any of our intellectual property rights or any third party.
5.2.3. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
5.2.4. to perpetrate any fraud.
5.2.5. to publish or distribute any obscene or defamatory material.
5.2.6. to publish or distribute any material that incites violence, hate, or discrimination towards any group.
5.2.7. to unlawfully gather information about others.
6.1. Our website is provided for information purposes only. You acknowledge and agree that any information posted on our website is not intended to be advice of any kind, and no fiduciary relationship has been created between you and us.
6.2. We do not assume responsibility or liability for any advice or other information given on our website.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of our website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
8.1. You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (a) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
8.2. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Black Ocean s.r.o. website including loss of data or information or any kind of financial or physical loss or damage.
8.3. In no event shall Black Ocean s.r.o., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use our website; (ii) any conduct or content of any third party on our website; (iii) any content obtained from our website; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You are strictly prohibited from using our website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on our website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
We may need to interrupt your access to our website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to our website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of our website is at your sole and exclusive risk and that any website provided by us is on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that our website will meet your needs or that our website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on our website or obtained through our website. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of our website is your sole responsibility and that we are not liable for any such damage or loss.
We are not liable for any damages that may occur to you because of your use of our website, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
15.1. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Black Ocean s.r.o. will bind and inure to any assignees, administrators, successors, and executors.
15.2. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
15.3. If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
15.4. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
15.5. No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
15.6. We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
15.7. The terms herein will be governed by and construed by the laws of the Czech Republic without giving effect to any principles of conflicts of law. The courts of the Czech Republic shall have exclusive jurisdiction over any dispute arising from the use of our website.