Terms of Use

These Terms of Use are effective on April 11, 2016

Please read these Terms of Service ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of the ONEE company and our affiliates ("ONEE", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We reserve the right to change this Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted. If you do not agree to the amended Terms, you must stop using the Services and delete your ONEE app.

Mobile application The following additional terms and conditions apply with respect to any Mobile Application that ONEE provides to you designed for use on an Apple iOS-powered mobile device:

  • You acknowledge that these Terms are between you and ONEE only, and not with Apple, Inc.
  • Your use of ONEE's iOS App must comply with Apple's then-current App Store Terms of Service.
  • ONEE, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that ONEE, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
  • You agree that ONEE, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms as they relate to your license of ONEE's iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

Be responsible Help to ensure that a few mean users don't ruin the fun for everyone else. Your part in that is simple, use your common sense create and send interesting ONEE directly to the public feed, and most importantly, simply don't send ONEEs that they don't want to receive.

Audience

ONEE is intended for use by people who are 16 years of age or older, and persons under the age of 16 are prohibited from creating ONEE accounts.
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one ONEE account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Usage Data

By using the ONEE application you agree to let ONEE collect information about your usage of the application.

ONEE gather your email and name (if you use login with Facebook); if you do not agree, the Services will not function. You are not required to submit your name or email information.

For more information about the information we collect from you and your device and ONEE privacy practices, please review our Privacy Policy.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content. You agree to abide by our Guidelines for Use, which may be updated from time to time.

You agree that you are solely responsible for your User Content and that ONEE is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to ONEE, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding ONEE or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of ONEE. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

ONEE Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, "ONEE Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of ONEE Content may violate such laws and these Terms. Except as expressly provided in these Terms, ONEE does not grant any express or implied rights to use ONEE Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, ONEE Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and ONEE Content. This license is revocable at any time. This license is subject to these Terms and does not include:
  • The distribution, public performance or public display of ONEE Content;
  • Modifying or otherwise making any derivative uses of the Services or ONEE Content, or any portion thereof;
  • Use of any scraping, data mining, robots or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, ONEE Content or any information contained therein, except as expressly permitted on the Services;
  • Accessing the ONEE API with an unauthorized or third-party client; and
  • Any use of the Services or ONEE Content other than for their intended purposes.
Any use of the Services or ONEE Content other than as specifically authorized in these Terms, without the prior written permission of ONEE, is strictly prohibited and will terminate the license to use ONEE granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:
  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  • Use or attempt to use another user's account without authorization;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your ONEE account, ONEE's, or a friend link without ONEE prior written consent;
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of ONEE, including the iTunes App Store Terms of Service. Posting ONEE users names or phone numbers in app store reviews is strictly prohibited and may result in the deletion of your ONEE account.

Account Security

After opening a ONEE account, you accept all responsibility for any activity that occurs while logged into your account. When you first create a ONEE account, we ask for your mobile number in order to verify your account. Please be aware that there may be an automatically generated SMS to be sent to our server for verification purpose of your phone number and your carrier's text messaging fees apply for mobile number verification.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Copyright Policy

ONEE respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:

ONEE company
Attn: Copyright Agent
Cracow, Poland
email: office@takeonee.com

Disclaimer
THE SERVICES AND THE ONEE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE ONEE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Note to International Users

The Services are hosted in Poland. If you are a user accessing the Services from the US, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Polish laws, please be advised that through your continued use of the Services, which are governed by PL. law, you are transferring your personal information to Poland and you consent to that transfer.

Disputes

  1. Indemnification
    By agreeing to these Terms you agree to indemnify, defend and hold harmless ONEE, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "ONEE Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
  2. Limitation of Liability
    Except where prohibited by law, in no event will ONEE or the ONEE Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if ONEE has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against ONEE for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, ONEE is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, ONEE liability shall in no event exceed EUR 1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
  3. Arbitration
    PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ONEE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
    You and ONEE agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and ONEE are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and ONEE agree (a) that any arbitration will occur in Cracow, Poland; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Cracow, Poland have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ONEE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
  4. Forum and Venue
A lawsuit, if any, by you or ONEE against the other will occur in state or federal court in Cracow, Poland. You and ONEE agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and ONEE will be governed by these Terms and the laws of Poland and applicable Polish law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and ONEE.

Questions and Comments

ONEE welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting office@takeonee.com