PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
1. Who are we? What’s this Site for?
2. What if I am asked to register and open an account?
3. What personal data relating to me are processed by OCbay?
4. What if I upload content or comments generated by me?
The Site includes sections which enable users to upload user-generated content (“UGC”), for example you could be enabled to post comments or upload photographs, designs, graphics, images, text, video, music, sounds. In relation to such UGC, OCbay is a mere hosting provider and does not assume any responsibility or liability on the content itself.
You must not provide any UGC which is illegal, harmful, threatening, violent, obscene, indecent, pornographic, false, misleading, libellous, which fosters racial, ethnic, sexual discrimination or hatred, which contains any form of software viruses, malware, any kind of commercial solicitation or constitutes affiliate or referral marketing or which infringes any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any element, including pictures, which may be harmful to minors in any way. OCbay reserves the right to reject and/or remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are rejected and/or removed from the Site, the Account of the relevant uploader may be suspended or terminated.
If you submit any UGC to our Site, you grant OCbay the unlimited, non-exclusive, assignable, sub-licenseable, perpetual, worldwide, fully paid-up right, title and interest to use your relevant UGC. OCbay will be entitled to use your UGC in any way and for any purposes, including to save, store, copy, reproduce, publish, post, transmit, distribute, display, broadcast, modify, translate, incorporate in other materials, create derivative works and in any way commercially exploit it. These usages include featuring your UGC on OCbay’s websites, online shops and official social media pages, as well as on paper materials, also during promotional events or campaigns.
It is in OCbay’s sole discretion to decide if, when, and in which form the UGC, shall be used or exploited. The OCbay is allowed not to mention the sender’s name when using the UGC in any way.
you shall INDEMNIFY AND hold OCbay harmless against any and all claims OR ACTIONS BROUGHT By third parties based on an alleged infringement of their rights.
Depending on what is included in your UGC, and also on the country where you are, your relevant UGC may contain personal data that you authorize OCbay to access and process in relation to the regular use of your UGC.
5. #OCbay terms. What does this hashtag mean? To what am I giving consent?
If you were directed here, it is because OCbay liked a photo or other content you posted online (“UGC”) with a OCbay-related hashtag (i.e. a hashtag containing the name OCbay or another name or trademark belonging to OCbay) and would like to feature it on OCbay’s websites and/or social media pages. To do so, OCbay needs your consent to the use of your image and of the personal data that may be contained in it.
If you give us your consent, your UGC might be visible to other OCbay enthusiasts and supporters all around the world. A great opportunity for you to share your style with the world on OCbay’s websites!
If you respond to our message with “#YESOC” you grant OCbay the unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right to use your relevant UGC. Ocbay will be entitled (but not obliged) to use your UGC in any way and for any purposes, including to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. These usages include featuring your UGC on OCbay’s websites, online shops and official social media pages, as well as during events or campaigns. Please do not give us your consent to use of UGC that you do not want to become subject to these #OCbay Terms.
By responding “#YESOC” you also warrant that (a) you are at least eighteen years old; (b) you own all rights in and to your photos; (c) in case your UGC includes elements belonging to a third-party (for example a photo portraying a friend of yours), that you have obtained all the necessary consents by the relevant third-party (including for example copyright license and/or consent from a personal data law perspective); (d) so, that OCbay’ use of your UGC does not infringe the rights of any third party or violate any law, and that you agree to be bound by these #OCbay Terms.
Finally, by responding “#YESOC” you agree to indemnify and hold OCbay and any person acting on OCbay’ behalf harmless from and against any claims, damages, liabilities, costs incurred by OCbay in connection with the regular use of the UGC as described above.
Depending on what is included in your UGC, and also on the country where you are, your social network account name and your relevant UGC may contain personal data that OCbay may access and process in relation to the use of your UGC.
If you do not agree with our practices and policy regarding processing of personal data and, please do not reply with “#YESOC” to our message under your relevant UGC.
By responding to the message from our OCbay account with “#YESOC” you give OCbay your express and specific consent to the use of the above described personal data for commercial and marketing purposes.
If you want to be kept informed regarding OCbay’s products and initiatives, we are happy to invite you to subscribe to OCbay’s newsletter here.
You can revoke at any time, free of charge, your granting of usage rights and privacy consent in one of the following ways:
1. by sending OCbay an email as indicated in our Contact Us page;
2. by removing the UGC from the relevant website/social network or cancelling the OCbay-related hashtags associated to it;
3. as regards Instagram, by setting your Instagram profile to private, or setting the specific photo at issue to private.
To the maximum extent permitted by applicable law, OCbay will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if OCbay had been advised of the possibility of such damages to occur.
6. Who owns the content and materials in this Site?
The information on this Site, along with any materials incorporated herein is the copyrighted work of OCbay. ALL RIGHTS ARE RESERVED. Single pages or materials may contain different proprietary notices.
All names “OCbay” and “OCbay Eyewear” in this Site are submitted to EUIPO from OCbay d.o.o. (date 08.05.2018) or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither OCbay d.o.o. nor its affiliate OCbay, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS ARE RESERVED.
By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third-parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant OCbay an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. OCbay thus invites you not to send us through the Site any content, item or information that you do not want to become subject to the above terms.
7. What is OCbay’s liability for anything that may go wrong while I use this Site?
We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.
THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, OCBAY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL OCBAY, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES (FOR EXAMPLE THE SECTION OF THE SITE MAINTAINED BY INSTASHOP, SHOWING PICTURES OF OCBAY PRODUCTS TAKEN BY SOCIAL MEDIA), WHICH ARE PROVIDED AS A CONVENIENCE TO OCBAY USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF OCBAY. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND OCBAY PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. OCBAY MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.
8. What is the applicable law? And the competent Court in case of disputes?
These Terms of Sale are governed in all respects by the laws of the Republic of Slovenia, without regard to its conflicts of laws rules. The Courts of Slovenia shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
Use the Alternative Dispute Resolution ODR (Online Dispute Resolution) to make a complaint
In compliance with European legislation, such as EU regulation 524/2013, you can resolve your online consumer problem fairly and efficiently without going to court. Starting from January, 9 2016 the European Commission launched a new online platform (ODR) for resolving by an independent dispute resolution body. If you have a problem with goods you purchased within OC-bay.com, you can use also the ODR platform to make a complaint and have it resolved without going to court. You can only use this online procedure if you’re a consumer living in the EU or in Norway, Iceland or Liechtenstein you’re complaining about goods oyou bought online from a trader established in the EU or in Norway, Iceland or Liechtenstein. The use of the platform is optional, but e-commerce sites such as OCbay must indicate the link to the procedure: https://ec.europa.eu/consumers/odr/main/?event=main.home.show, as well as providing our email address so that consumers can have a first point of contact with us. The contact e-mail address is email@example.com.
9. BECOME OUR BRAND AMBASSADOR
This document sets out the terms and conditions (hereinafter, the “T&Cs”) governing the development of activities and events of OCbay ambassadors community (hereinafter, “OC Community”) fostered by OCBAY D.O.O. (henceforth, “OCbay”), and all the aspects relating to such community. The members of OC Community shall be considered brand ambassadors (hereinafter, called “BA” in singular, and “BAS” in plural) of the OCbay brand, based on the provisions laid down under these T&Cs.
Any user can choose to be part of the OC Community. However, OCbay shall provide a series of requirements to establish, at its discretion, which people are granted the status of BA. In any case, users shall be of legal age (≥ eighteen (18) years) and be related to the university environment in some way.
The conditions to be BA are provided both in these T&Cs and on the website https://www.oc-bay.com/website-terms-of-use/ (hereinafter, the “Website”). OCbay reserves the right to amend the conditions to be a BA from time to time, and users must check them to find out about any changes.
9.2. PRIOR INFORMATION
These T&Cs are made available to any users of the Website, freely and unrestrictedly.
All aspects relating to OC Community and the BAS are perfectly described on the Website and in these T&Cs, and any matters that not been expressly provided herein shall be excluded.
The relationship between OCbay and the user, concerning OC Community as provided in these T&Cs, shall be understood as having taken place from the same time at which the user completes the registration process. It is understood that following the registration steps, and entering the data requested, and accepting the very registration process is a direct statement of the will of the user to agree to these T&Cs.
The language in which the registration shall be processed, save as otherwise agreed, shall be English.
9.3. HOW BAS AT OC COMMUNITY WORK
OC Community is a community of users with a special relationship with the OCbay brand and all its products, sharing a passion for fashion and its lifestyle.
BAS are people who, due to their special importance and repercussion, have a strong influence on the high school and university social environment. This influence is directly related to the content published on their social media (especially Instagram) and/or the communication media that are within their reach, fostering mass support for the posts published by their followers. Among the most important features to be a BA, we find an interest in OCbay and being up-to-date with all its latest news, conveying all the above in a singular and original way.
9.3.1. REGISTRATION PROCESS
Any users wishing to be a BA need to complete the registration process provided for these purposes on the Website, providing all the data required for these purposes: (i) name; (ii) surname; (iii) email; (iv) date of birth; (v) city; (vi) url social (at least 1); (v) text e.g. high school institute or university.
Following the registration, OCbay shall contact the individual to inform them if they can be one of the BAS forming part of the OC Community, and the next steps to complete the entire procedure and be appointed a BA shall be provided.
9.3.2. CANCELLING THE REGISTRATION AS A BA
BAS can cancel their registration whenever they want to, by expressly informing firstname.lastname@example.org, stating their name and surnames, username, and their category, and stating “BA Cancellation” in the email subject line. Once the corresponding verification has been carried out, the user shall be sent a confirmation on their cancellation as a BA.
When the cancellation becomes effective, any advantages, codes, discounts, and any other element provided due to their relationship with OC Community, shall no longer be available.
9.4. DEVELOPMENT OF THE ACTIVITIES
9.4.1. SOCIAL MEDIA ACTIVITIES
The BAS should be active on social media and show the influence of OCbay on their daily activities. For a BA to be considered active on social media, s/he must have made at least four (4) publications on Instagram, using original content that they have created.
Additionally, any BA may gain personal discount codes (hereinafter, the “Codes”) to be used by all their followers, any person of their environment, or even by the BA him/herself, getting large benefits and discounts depending on the amount of people using the Code.
“Use of the Code” shall be understood as every order made, using a single Code, irrespective of the number of products bought in such order.
In this connection, Uses of the Codes shall not include the acquisition of partial and/or individual amounts of products, when OCbay believed that this was intended to increase the number of Codes used, to gain more and better prizes. OCbay may base this decision on the type of products purchased, the place of the receipt, the Code used, the person carrying out the purchase or any other elements to identify this conduct, which is contrary to these T&Cs.
Additionally, OCbay reserves the right to establish the amount/percentage of the Code, as well as its effectiveness and/or the products it can be used for, when such code is provided to the BA.
The inclusion of codes in coupon books is totally prohibited. Should OCbay find a Code in a Coupon Book, it may order the total or partial cancellation of the codes.
The promotion of Codes in publications of OCbay is totally prohibited.
9.4.2. RESTRICTIONS AND RESPONSIBILITIES OF THE BAS
The BAS, according to these T&Cs, must comply with the restrictions and responsibilities arising out of the OC Community programme.
The BAS cannot promote their Codes on official social media profiles and/or communication media belonging to OCbay, or to any other entities of the OCbay. Furthermore, they cannot promote codes on the forums or the profiles of the public personalities collaborating with OCbay.
BAS cannot carry out any draws, competitions or similar promotional activities using social or communication media, without gaining OCbay’s prior express agreement in writing. Should the BA be authorised to carry out such activities, s/he must inform OCbay of all details of the action they wish to carry out, including the legal rules, the dates, the winners, and any other data of interest for OCbay.
In carrying out the activities pertaining to OC Community, the BAS must, at least, abide by the following rules:
(i)They must use the hashtagsprovided by OCbay;
(ii)In publications on OC Community, they shall tag the profiles of @ocbayeyewear, and use the hashtag #ocbayambassador;
(iii)They must promote the discount code;
(iv)They must not fail to publish content for more than two (2) months;
(v)They must have a public social media profile;
(vi)They should not tag other brands with commercial activities like those of Ocbay;
(vii)They must not collaborate with other brands with commercial activities resembling those of OCbay;
(viii)They cannot publish content using sunglasses other than those of OCbay, unless such sunglasses are not tagged in the publications;
(ix)They cannot carry out draws with the material provided by OCbay without prior, express, and written authorisation; and
(x)They cannot sell giveaways or materials provided without commercial purposes.
The BAS shall be exclusively responsible for the content, publication and/or use of the elements connected to OC Community and, particularly, concerning OCbay or any company of its group, with illegitimate and/or illicit aims. By way of example, the above includes but is not limited to the following:
(i)Publishing, creating or sharing content that is illicit or that sought illicit purposes;
(ii)Publishing, creating or sharing content against the interests of OCbay; and
(iii)Publishing, creating or sharing content that damages, harms or causes similar consequences to the OC Community, or to any third parties;
(iv)Carrying out actions illegally or which led to a consequence contrary to the law; and
(v)Breaching the provisions laid down under these T&Cs.
In the case where any of the scenarios detailed above took place, OCbay reserves the right to adopt the measures it deems appropriate. Likewise, OCbay shall not be held liable for consequences arising out of the publications made, created, or shared by the BA.
9.5. ADVANTAGES AND BENEFITS FOR BAS
9.5.1. EARNING PRIZES AND REWARDS
When using the Codes, the BAS have the choice to earn prizes and advantages relating to products and events of OCbay. Using more Codes means greater chances of winning and a better choice of prizes for the BA. The BAS shall be informed in advance on the prizes they can get for their activities on social and communication media.
OCbay reserves the right to amend the prizes from time to time, and this means that the BAS wishing to find accurate and updated information should check these T&Cs. The amendment of the prizes to be provided to the BAS shall not, under any circumstances, be applicable retroactively.
The prizes may not be exchanged for their value in money. Meanwhile, the prizes granted to REPS not relating to travel, collaborations and/or similar initiatives shall not include per diem or travel unless otherwise provided by OCbay.
9.5.2. TAX LIABILITIES
The BAS undertake to comply with the tax liabilities of the rewards earned through OC Community. In this connection, the BAS declare that they are solely liable for their compensation and exempt OCbay from any tax liabilities, arising out of the rewards and/or the prizes they may be granted for their activities as BAS.
OCbay undertakes to carry out quarterly Income Tax payments for the total transactions taking place in agreement with current regulations in force. In this connection, the REPS shall provide OCbay the information needed for the compliance with this goal, including: (i) name; (ii) surnames; (iii) ID/FOREIGNER ID; (iv) address; (v) and date and place of birth; (vi) country of the tax address. All these data shall be used solely and exclusively to comply with tax liabilities.
9.6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Based on these T&Cs, OCbay grants the user a limited licence, which is revocable, non-transferrable, not sub-licensable and non-exclusive, for the use of any company names, logotypes, names of products and services, trademarks, or other similar elements, all the above property of the OCbay, when such actions were directly related to activities of OC Community. Any use of these elements other than those described shall not be protected by the licence granted by OCbay.
Any rights not expressly granted shall be reserved for OCbay.
In any event, the intellectual and industrial property rights of OCbay shall remain in possession of such party.
The BAS undertake to assign all intellectual, industrial, image and any other rights on the content published on their social and any communication media used for similar purposes, which is directly or indirectly related to OC Community and its activities as a BA. The assignment of rights shall have a territorially universal and non-exclusive nature, with the entitlement of assignment to third parties, with powers to exploit the content using all currently-known media, and for the maximum possible term provided by the law, in connection with the content set forth in the foregoing. Therefore, the assignment is extensive to the rights of reproduction, distribution, public communication (including making content available) and transformation.
All the above, notwithstanding any private agreements on the assignment of image rights that may be signed by OCbay with the BA, which shall prevail over these T&Cs in respect of any differing points.
In any event, the termination of these T&Cs due to their breach or to the cancellation of the status of REP by users, shall not lead to the termination of the agreement on the assignment of image rights, and shall further not involve the revocation of the assignment of intellectual, industrial or any other rights of a similar nature, of the content published by the REP relating directly or indirectly to OC Community up until the time of the termination of the T&Cs.
9.7. ELECTRONIC PROCUREMENT
In agreement with the provisions laid down under Article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, agreements entered into electronically shall have all of the effects set out under legal regulations, when there is consent and the remaining requirements needed for the validity of the above are met.
In any case, the electronic medium holding these T&Cs agreed electronically shall be admissible as documentary proof should a controversy between the parties arise.
For these purposes, following all steps required for effective user registration, shall necessarily involve providing the consent required.
Likewise, and in agreement with the provisions laid down under Article 27 of Law 34/2002, of information society services and electronic commerce, prior to their registration, users are provided all information concerning the agreement to become part of OC Community, which shall solely be applicable where the user agreed to register.
9.8. ASSISTANCE SUPPORT FOR BAS
OCbay, as the manager of OC Community, and the party in charge of the marketing and sale of the products offered through the BAS, has made an assistance service available to them.
The following email address is provided for BAS to contact assistance support: email@example.com.
We shall reply to all queries received at the shortest possible notice.
The parties undertake to fulfil their legal and contract responsibilities arising out of these T&Cs.
The parties shall be responsible for any damages and/or breaches that they had incurred personally, and the counterparty shall be held harmless in respect of any error, fault, or negligence not attributable to it, and in respect of any damages arising out of such actions of the other party bound by these T&Cs.
9.10. CONFIDENTIALITY AND DATA PROTECTION
9.11. TERM OF VALIDITY AND AMENDMENTS
OCbay may terminate the agreement based on these T&Cs, when it detected a real or alleged non-authorised use, due to the breach of these T&Cs or for any other objective causes. Should OCbay exercise these powers, it shall not undertake any obligation or responsibility.
Meanwhile, the user may terminate these T&Cs at any time, by cancelling their registration. However, the obligations that may continue in force following the time of the termination shall continue to be binding for both parties as specified.
In any case, OCbay recommends the regular review of these T&Cs, as they may experience amendments. Should any such amendments take place, prior information shall be provided for the acceptance or rejection of the above. It shall be regarded that these amendments or updates are expressly agreed to when the activities related to OC Community continued. Where an amendment is agreed to, the amendment and entry into force of the new contract shall fully replace the conditions in force between the parties and shall be effective for new purchases or reservations completed as of the acceptance of the new conditions.
9.12. SEVERABILITY CLAUSE
All clauses or parts of these T&Cs must be interpreted independently and autonomously, and shall not be affected by the remaining clauses in the case where one of them had been voided by a court judgement or a final arbitration award. The clause(s) concerned shall be replaced by another/other clause(s) preserving the effects sought by these T&Cs.
9.13. RESOLUTION OF CONTROVERSIES
These T&Cs are governed in all respects by the laws of the Republic of Slovenia, without regard to its conflicts of laws rules. The Courts of Slovenia shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
Last updated on: 22 May 2018.
© OCbay, d.o.o.