GENERAL TERMS OF USE OF OFMOS.COM

Last Updated: 06/29/2020

PLEASE READ THESE TERMS OF USE CAREFULLY AND IN FULL.

IF YOU DO NOT AGREE WITH THE TERMS OF USE MENTIONED BELOW, PLEASE DO NOT USE THE SITE.

1. Acceptance of Terms

These General Terms of Use (the “Terms”) govern the rights, obligations and restrictions relating to the use of the website accessible via the url OFMOS.COM (hereinafter the “Website”) by the user (“the User”).

The website is published by Cristian Mitreanu.

Use of the Content (as defined below) is subject to acceptance of the Terms which automatically apply to any use of the Website.

By using all or part of the Content, you agree and undertake to abide by these Terms without exception.

The Content means, in particular, (i) any intellectual property right (including but not limited to trademarks, designs and models, domain names, logos, copyright relating to the products shown), (ii) any text, graphic, video, visual or audio element appearing on the Website.

According to Article 7 below, Cristian Mitreanu reserves the right, at any time, to amend the provisions of the Terms, whether by making additions or deletions.

2. Terms of Access to the Website

The Website is accessible to all.

The Website is accessed from a computer connected to a telecommunications network in accordance with the communication protocols used on the Internet network.

Users are informed that the Website is optimized for viewing from smart phones and tablets. Users must have their own compatible means of telecommunication and Internet access.

Users are also informed that they are solely responsible for the cost of accessing and browsing the Website.

3. Intellectual Property Rights

All Content and all intellectual property rights associated with its design, the selection of these components, its presentation and its arrangement, are the property of Cristian Mitreanu.

Similarly, the trade marks, domain names, acronyms, logos, designs, and so on appearing on the Website are the exclusive property of Cristian Mitreanu or his partners who granted him a license for use in connection with the Website.

All Content is protected by copyright, legislation concerning data bases, designs and models, trademarks, patents and, more generally, international conventions, and other laws protecting the related intellectual property and exclusive rights. Any reproduction or representation of these components, or of all or part of the Content in any manner and in any respect whatsoever, is prohibited without the prior authorization of Cristian Mitreanu and, where applicable, the licensors and rights holders.

The User acknowledges that he/she is only authorized to use these components and the information appearing on the Website to the extent expressly permitted by Cristian Mitreanu. The User further acknowledges and agrees that none of these Terms has the effect of transferring ownership of any trade mark, trade name, or other proprietary right to any part of the Content. He/she undertakes not to do anything that contravenes this clause or that is likely to harm, in any way whatsoever, Cristian Mitreanu, his successors or assigns, in this regard.

4. Submissions

Should any User respond to Cristian Mitreanu with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Cristian Mitreanu shall have no obligation of any kind with respect to such information.

In addition, Cristian Mitreanu shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Cristian Mitreanu shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and other items incorporating such information.

In consideration of Cristian Mitreanu's continuing efforts to enhance and improve these products and to respond to feedback, all Users agree to transfer such ideas, concepts, know-how, and techniques to Cristian Mitreanu without any compensation.

The User is solely responsible for the content of any comments he/she is making. The User agrees that no comments submitted by him/her to this Website will: (i) violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material, or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party.

This Article (4) is not intended to apply to any personal information about the User (such as name, mailing address, and e-mail address), the use of which will be governed by the Privacy Policy for Ofmos.com.

5. Advertising and Product Promotion

Cristian Mitreanu may, at his sole discretion, highlight certain products on the Website by inserting promotional links, advertising banners, windows, or pop-ups when the Website is opened. The parties acknowledge that Cristian Mitreanu may carry out cross-marketing operations with any partner of his choice.

6. Liability, Warranty, and Damages

Although Cristian Mitreanu makes every effort to ensure the servers are accessible at all times, access to the Website may be temporarily suspended for technical or maintenance reasons, without prior warning.

Navigation on the Website is at the User’s own risk. Cristian Mitreanu is not responsible for the keeping of the Website up-to-date.

Cristian Mitreanu does not guarantee that the Website is free from viruses and other dangerous components. It is the User’s responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Internet.

The User accepts that Cristian Mitreanu and his service providers may not, under any circumstances, be held liable for accidental, material and/or immaterial, direct and/or indirect damages that may result from access to or use of the Website, including inaccessibility, data loss, deterioration, destruction or viruses that may affect the User’s computer equipment, and/or the presence of viruses on its Website.

Furthermore, any material downloaded and/or obtained in any manner whatsoever during use of the Website is at the User’s sole risk. Cristian Mitreanu shall not be held liable for any damage and/or loss of data suffered by the User.

7. Updating of Services and Amendment to Terms

Cristian Mitreanu reserves the right to amend these terms of use of the Website (including, in particular, by changing the terms of access to the Website) without notifying or informing the User in advance.

8. Personal Data

Cristian Mitreanu places great importance on respecting your privacy and undertakes not to disclose Users’ personal data, unless expressly authorized by them.

Cristian Mitreanu only collects personal data in the event that the User contacts Cristian Mitreanu with a question via the contact form. In such cases, Cristian Mitreanu collects the name and email address that the User provides.

In accordance with the provisions of the European Data Protection Regulation (GDPR) No. 2016/679, a User has the right of access, right to the rectification or erasure of information concerning him/her and may object at any time, on legitimate grounds, to the processing of data concerning him/her by contacting us.

9. Miscellaneous

Titles and Headings
The sole purpose of clause headings is to facilitate reading and understanding of these Terms. This shall not, in any event, make it possible to prejudge the content and the possible interpretation of such clauses.

Law and Jurisdiction
These Terms are governed by the laws of the State of California, United States of America (without applying its rules relating to conflicts of law) and each User expressly acknowledges the exclusive jurisdiction of the state and federal courts located in the county of San Francisco in the State of California over any complaint or dispute with Cristian Mitreanu, or in any way connected with the use of the Website, and each User also accepts the exercise of territorial jurisdiction in the State of California Courts in relation to any dispute of this kind.

Force majeure
Subject to the applicable legal provisions, Cristian Mitreanu may not be held liable due to fortuitous circumstances or force majeure as defined by case law and the State of California Civil Code.

Contacts
If you have any questions concerning these Terms, please contact Cristian Mitreanu.

THESE TERMS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

ANY USE OF THE SITE CONSTITUTES UNCONDITIONAL APPROVAL OF THESE TERMS.