Terms and Conditions

 

Welcome to the user agreement (the "Agreement" or "User Agreement") for OHara Publishing Co, Ltd  This Agreement describes the terms and conditions applicable to your use of our products and services. If you do not agree to be bound by the terms and conditions of this Agreement, you are not permitted to access our website, resources, or services.

OHara Publishing Co, Ltd may be used interchangeably throughout this User Agreement.

 The terms "we", "ours", or "us" may be used interchangeably throughout this agreement and refer to OHara Publishing Co, Ltd. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of OHara Publishing Co,  Ltd.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.

 

Copyrighted Materials:
 
This web site, and materials contained within, are subject to the protection of USA and International copyright laws.  Users may not reproduce any of these materials without the prior written permission of OHara Publishing Co,  Ltd. 
 

Licensing Restrictions:

 
Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the OHara Publishing Co,  Ltd website.  OHara Publishing Co,  Ltd does not create or enforce any minimum or maximum sales prices.  Any figures presented are only offered as suggested retail prices. 
 

Minimum Age:
 
Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors.  You must be AT LEAST 18 years old to access the OHara Publishing Co,  Ltd website, resources, and services.
 

Liability:
 
In no event shall OHara Publishing Co,  Ltd be liable  for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. OHara Publishing Co,  Ltd's liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service. We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. OHara Publishing Co,  Ltd does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements. In no event will OHara Publishing Co,  Ltd be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the OHara Publishing Co,  Ltd website.   All products and resources are provided "as is" and without warranties.
 

Passwords/User ID's:
 
Users agree that they will NOT share or distribute their log in information ( Usernames and Passwords) by email, word of mouth, Usenet, Internet or any other method. OHara Publishing Co, Ltd can, at their sole discretion , terminate membership without notice or refund, any user that shares or distributes login information. OHara Publishing Co, Ltd does not have access to private password information and therefore cannot/will not be able to supply it to you. You can however, have you're password emailed to you from our system by using the "Recover Password" feature under our "Help" section in the left hand column of this page.
 

Termination:
 

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use by destroying all copies and installations of products and services obtained from us.  The agreement will automatically and immediately terminate without notice should you violate any terms of this agreement.  Violating our Terms Of  Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses,  without notice or refund.

Users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding  use of the OHara Publishing Co,  Ltd website. 

Membership is non-transferable and non refundable.  Additionally, users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the OHara Publishing Co,  Ltd website.  Violating our Terms Of  Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses,  without notice or refund.  Furthermore, Use of this website constitutes acceptance of the Legal Agreement and Terms Of Use.
 

Product Warranties & Software: 
 

OHara Publishing Co,  Ltd makes NO WARRANTEES express or implied and specifically does not warrant FITNESS FOR SPECIFIC PURPOSE or WARRANTY OF MERCHANTABILITY of any product or service.
 
The software is distributed 'as is' and with no warranties of any kind, whether express or implied, including and without limitation, any warranty of merchantability or fitness for a particular purpose. The user (you) must assume the entire risk of using the software. In no event shall any individual, company or organization involved in any way in the development, sale or distribution of this software be liable for any damages whatsoever relating to the use, misuse, or inability to use this software (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other loss).'
 
Venue:
 
The USER expressly agrees that this agreement are to be interpreted and enforced under the laws of the state of Virginia and of the United States and  FURTHER AGREES that the sole and only venue and jurisdiction for any action under the terms of this agreement shall be in the County of  Chesterfield and State of Virginia.  USER expressly consents to the personal jurisdiction of State and Federal Courts for said county and state for any and all actions, including injunctive relief, arising under the terms and conditions of this agreement or by use of any software product contained in OHara Publishing Co,  Ltd now or hereafter.
 

Communications from OHara Publishing Co,  Ltd:
 

By joining OHara Publishing Co,  Ltd, you give us permission to contact you periodically via email with regards to your membership.  If you wish to no longer receive communications from us, you will need to cancel your membership.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

 

Terms Of Use For The OHara Publishing Co, Ltd (OHara Publishing Co, Ltd) Affiliate Program
 

If you edit any of our sales material, or create your own, it must first be approved by us.

When promoting the OHara Publishing Co,  Ltd affiliate program, affiliates must adhere to our strict NO SPAM guidelines as stated below.  Affiliates must also promote the OHara Publishing Co,  Ltd website in a legal and ethical manner.  Affiliates must follow all other terms and conditions as outlined in the user agreement.  Failure to do so will result in removal from the program.

Affiliate Commissions are paid on an aggregate payout of $100.00 USD per month. If affiliate commissions have not reached the aggregate limit, commissions will be carried over until payout is reached or end of each calendar year (December 31st), then all accounts are settled, and outstanding balances paid to the affiliate.

Any action brought by the Federal Trade Commission or other public prosecutorial agency against a user or affiliate for alleged violations of regulations for internet or mail order sales, or commercial email will be automatic grounds for termination of the affiliate's account. 

You must follow our Anti-Spam guidelines below and those set for in the CAN SPAM ACT of 2003.  Failure to follow these guidelines will be cause for removal from the OHara Publishing Co,  Ltd Referral Program.
 

Terms of Use regarding the OHara Publishing Co,  Ltd affiliate program are subject to change.  Any changes shall be posted here.
 
Strict No SPAM Policy
 
 

PLEASE DO NOT use our services to send any sort of spam communications! SPAM shall include, but is not limited to, the sending of any electronic mail message with the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).  The term `commercial electronic mail message' does not include a transactional or relationship message.

DO NOT include ANY reference to OHara Publishing Co, Ltd  in any such correspondence...PERIOD! Anyone reported to OHara Publishing Co,  Ltd for sending SPAM will be immediately reported to the FTC  for violation of the CAN SPAM act of 2003. 

In addition, DO NOT use the OHara Publishing Co, Ltd name or brand in any type of correspondence to third party mailing or 'opt in' lists, harvested email lists, safelists, newsgroups, forums, "faxblasts", or any other form of communication that has been labeled as illegal by the CAN SPAM law.

Any OHara Publishing Co,  Ltd member/affiliate/user that uses SPAM in any relation with the OHara Publishing Co,  Ltd website shall have their memberships terminated immediately, will forfeit any affiliate commissions, will be reported to the FTC for the abuse, and will be held both legally and financially responsible for their actions.

OHara Publishing Co, Ltd reserves the right to amend this agreement at any time.

 

 

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