Terms and Conditions - Oceanhouse Media - Apps that uplift, educate and inspire

Terms of Use

Oceanhouse Media, Inc.
September 2014

IMPORTANT. PLEASE READ CAREFULLY.

The document that follows this paragraph represents the Terms of Use for Oceanhouse Media apps. We think you will find it quite reasonable. Obviously, if you disagree, please do not use any of the apps... and let us know. Send email to “legal <at> OceanhouseMedia.com” telling us what you find unacceptable. We can't promise to change anything, but we will read and consider your concerns. Most likely, we will respond to your email.

Definitions. In these Terms of Use, the words "we" and "us" and "our" refer to Oceanhouse Media, Inc., and the phrase "our offerings" refers to our web site located at www.oceanhousemedia.com and any of our apps on the iPhone/iPad, Android and other apps which may be downloaded through iTunes, Google Play, other Android app stores, etc.

Our Offerings. Through our offerings, Oceanhouse Media publishes apps for adults and children to enjoy. None of the materials we provide in any of our offerings are intended to substitute for any professional educational or other advice or instruction.

Your Account. Certain features of our offerings may require that you create an account and provide us with personal information. If you choose to create an account, you agree to provide true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, and maintaining the confidentiality of your user name and/or password. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of any offerings for any reason, including without limitation for extended periods of inactivity.

Privacy Policy. Please find our Privacy Policy here. Our policies on collecting and using any personal information we collect from or about our users are set forth in the Privacy Policy, which is hereby incorporated by reference in its entirety.

Restrictions on Use. The purpose of our site is to promote apps for adults and children. This is how we want you and our other users to use our offerings.

You may not use our site for any unlawful purpose, or for any purpose that is prohibited by these Terms of Use or a purpose for which our offerings were not intended to be used.
You may not interfere or attempt to interfere with the operations of our offerings, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means.
You may not frame our site within another web site, without our prior written permission, or link to our site with the intention of directing undesirable users or other inappropriate traffic to our offerings.
You may not modify any of the apps or reproduce, create derivative works based upon or infringe the copyrights, trademarks and other intellectual property rights any of the apps featured in our offerings, in whole or in part.
You may not distribute, resell, sublicense, sell or provide access to, or otherwise commercially exploit our offerings, including any of the digital books. Our offerings are made available to you solely for your personal enjoyment and use.
You may not share your user id and password with any person other than those in your immediate family members (i.e., you, your spouse, partner, or other guardian, any of your children who reside with you and have access to devices owned by you or in your sole possession and control).

Ownership. Our offerings are based upon and contain various elements and technologies that may be protected by copyrights, trademarks, trade secrets, patents, and/or other proprietary rights, which may be valid and enforceable in the United States and elsewhere in the world and remain protected and protectable in respect of different formats, media, and technologies, whether existing now and hereinafter developed. The trademarks, service marks, trade names and logos, including the Oceanhouse Media! logo, used and displayed in our offerings are registered and unregistered trademarks of Oceanhouse Media, Inc. or its licensors. You may not use any of our or our licensors' trademarks without our or their prior written approval, which you may request by contacting us at support <at> omapps.com.

App Software License. If you download one of our offerings that is an app or other software, the app software including any files, images incorporated in or generated by the app software and data accompanying the app software are licensed to you by Oceanhouse Media or its licensors and suppliers. Neither Oceanhouse Media nor its licensors or suppliers transfers title to any such app software to you, and as between you and us, we and our licensors and suppliers retain full and complete right, title, and interest in and to such app software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble any app software.

Copyright Complaints. If you believe that any Content on our site violates your or a third party's copyright, please send us a written notification providing the following information to the designated agent at the address set forth below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on our 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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

The notification can be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. Please send the notification, completed according to the instructions above, to the Designated Copyright Agent at Oceanhouse Media:

Oceanhouse Media, Inc.
Attn: Designated Copyright Agent
227 North El Camino Real suite #205
Encinitas CA 92024

Warranty Disclaimer. Our offerings, including any apps we publish, are provided "AS IS" and without warranties of any kind, whether express or implied. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. Further, neither we nor any of our affiliates or licensors or suppliers assume any responsibility or liability for any interruptions or errors in accessing our offerings, or for any viruses or other harmful components suffered due to use of our offerings, or for the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, of any of our offerings.

LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR OFFERINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO OUR OFFERINGS, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law. Indemnification. You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site, including, but not limited to, creation of personalized versions and/or derivative works based on the Content.

Termination. These Terms of Use, and any accounts or our offerings and associated products and services, may be terminated at any time by either party. You may at any time cease to use our offerings altogether. We may terminate and block your further access, upon finding sufficient cause in our sole discretion, with or without notice to you. All provisions which are intended to survive (such as the Rights to User Participation/Personalizations, Ownership, Warranty Disclaimers, Limitations on Liability, Indemnification, etc.) will survive any such termination.

Governing Law and Jurisdiction. These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our offerings, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Changes to Terms of Use or Our Offerings. We may change these Terms of Use at any time, and your continued use of any of our offerings will evidence your agreement to any changes to these Terms of Use we may post. This means you should check the Terms of Use regularly for any changes. Oceanhouse Media may add, change, discontinue, remove or suspend any portion of any of our offerings, including making changes to or removing any apps or any content within any apps at any time, with or without notice. Questions or comments. Please feel free to contact us by email at legal <at> omapp.com, or via U.S. mail to 227 North El Camino Real suite #205 Encinitas CA 92024 We are always interested in your feedback.