Terms and Conditions of Use
Thanks for choosing Oxigen.life ("Oxigen.life", "we", "us", "our"). By signing up or otherwise using the Oxigen.life service, websites, and software applications (together, the "Oxigen.life Service" or "Service"), or accessing any content or material that is made available by Oxigen.life through the Service (the "Content") you are entering into a binding contract with the Oxigen.life entity indicated at the bottom of this document. The
The Oxigen.life Service includes social and interactive features.
Please read the Agreements carefully. They cover important information about Findie Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Oxigen.life Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian's consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Oxigen.life is true, accurate, and complete, and you agree to keep it that way at all times.
If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form situated in the Service's Menu.
3. Enjoying Oxigen.life
Here's some information about all the ways you can enjoy Oxigen.life.
3.1 Our Services & Paid Subscriptions
Oxigen.life provides streaming services offering a selection of video and other content. Certain Oxigen.life services are provided to you free-of-charge. Other Oxigen.life services require payment before you can access them. The Oxigen.life services that may be accessed after payment are currently referred to as the "Premium Service" and the "Unlimited Service" (together, the "Paid Subscriptions"). The Oxigen.life service that does not require payment is currently referred to as the "Free Service".
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Oxigen.life reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we'll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR Oxigen.life ACCOUNT'S SUBSCRIPTION PAGE OR TERMINATE YOUR Oxigen.life ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR Oxigen.life ACCOUNT'S SUBSCRIPTION PAGE OR TERMINATE YOUR Oxigen.life ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, Oxigen.life WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4. Rights we grant you
The Oxigen.life Service and the Content are the property of Oxigen.life or Oxigen.life's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Oxigen.life Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the "Licence"). This Licence shall remain in effect until and unless terminated by you or Oxigen.life. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Oxigen.life Service or the Content.
The Oxigen.life software applications and the Content are licensed, not sold, to you, and Oxigen.life and its licensors retain ownership of all copies of the Oxigen.life software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices ("Devices").
All Oxigen.life trademarks, service marks, trade names, logos, domain names, and any other features of the Oxigen.life brand ("Oxigen.life Brand Features") are the sole property of Oxigen.life or its licensors. The Agreements do not grant you any rights to use any Oxigen.life Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Oxigen.life Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Oxigen.life grants no right, title, or interest to you in the Oxigen.life Service or Content.
Third party software (for example, open source software libraries) included in the Oxigen.life Service are licensed to you either under the Agreements or under the relevant third party software library's licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5. Third Party Applications
The Oxigen.life Service is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Oxigen.life does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User-Generated Content
Oxigen.life users may post, upload, and/or contribute ("post") content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to any parts of the Oxigen.life Service.
You promise that, with respect to any User Content you post on Oxigen.life, (1) you have the right to post such User Content, and (2) such User Content, or its use by Oxigen.life as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Oxigen.life or any artist, band, label, entity or individual without express written consent from such individual or entity.
Oxigen.life may, but has no obligation to, monitor, review, or edit User Content. In all cases, Oxigen.life reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Oxigen.life's sole discretion, violates the Agreements. Oxigen.life may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Oxigen.life is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Oxigen.life RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Oxigen.life HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Oxigen.life Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Oxigen.life Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Oxigen.life may contain advertising as part of the Content. In such cases, Oxigen.life will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Oxigen.life in connection with the Oxigen.life Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Oxigen.life to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Oxigen.life a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any "moral rights" (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User guidelines
Oxigen.life respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure Oxigen.life stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
Please respect Oxigen.life, the owners of the Content, and other users of the Oxigen.life Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Oxigen.life account. You also agree that Oxigen.life may also reclaim your username for any reason.
Please be thoughtful about how you use the Oxigen.life Service and what you share. The Oxigen.life Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Oxigen.life or across the web, so please use Oxigen.life carefully and be mindful of your account settings. Oxigen.life has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
Oxigen.life respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please notify us through the Contact Us form situated in the Service's Menu . If Oxigen.life is notified by a copyright holder that any Content infringes a copyright, Oxigen.life may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Oxigen.life with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please contact us.
10. Service limitations and modifications
Oxigen.life will make reasonable efforts to keep the Oxigen.life Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Oxigen.life reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Oxigen.life Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Oxigen.life Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Oxigen.life permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Oxigen.life will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Oxigen.life has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Oxigen.life and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. Brand Accounts
If you establish a Oxigen.life account on behalf of a company, organization, entity, or brand (a "Brand", and such account a "Brand Account"), the terms "you" and "your", as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.
The Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement. Upon Oxigen.life's request, in its sole discretion, a Brand must cease following a user.
The Brand may not stream media.
The Brand may only send messages to users who first send messages to the Brand.
11.4 Brand Playlists and Sharing
The Brand may not create or share any Oxigen.life playlists, whether within the Oxigen.life Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement.
12. Oxigen.life Community
The Oxigen.life Community is a place for discussions and exchange of information, tips, and other materials related to the Oxigen.life Service.
12.1 No official support
No User Content or other content posted by Oxigen.life employees, moderators and/or representatives on the Oxigen.life Community should be construed as official support provided by Oxigen.life. For details regarding official support, see the section Customer Support. Any content provided or made available to you on the Oxigen.life Community by Oxigen.life employees, moderators, and/or representatives is provided on an "as is" basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the Oxigen.life Community are those of contributors of such User Content only and do not reflect the opinions or policies of Oxigen.life or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
12.3 Reward Program
The Oxigen.life Community features a reward system whereby Oxigen.life, in its sole discretion, may reward users based on the amount of "UpVotes" received or quality of responses by a user. You agree to only give Upvotesto other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that Oxigen.life's decision in respect of any reward shall be final and binding.
13. Customer support
For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our customer service department using the Contact Us form from the menu of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
14. Export control
Oxigen.life's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Oxigen.life under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
15. Payments, cancellations, and cooling off
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Oxigen.life Service for a specific time period ("Pre-Paid Period"). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Oxigen.life Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the "Cooling-off Period"). Refunds will not, however, be provided if you have accessed Oxigen.life at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Oxigen.life (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Oxigen.life during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact us.
Oxigen.life may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Oxigen.life Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Oxigen.life Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
16. Term and termination
The Agreements will continue to apply to you until terminated by either you or Oxigen.life. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Oxigen.life may terminate the Agreements or suspend your access to the Oxigen.life Service at any time, including in the event of your actual or suspected unauthorised use of the Oxigen.life Service and/or Content, or non-compliance with the Agreements. If you or Oxigen.life terminate the Agreements, or if Oxigen.life suspends your access to the Oxigen.life Service, you agree that Oxigen.life shall have no liability or responsibility to you and Oxigen.life will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Oxigen.life account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
17. Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Oxigen.life SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Oxigen.life SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Oxigen.life AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Oxigen.life NOR ANY OWNER OF CONTENT WARRANTS THAT THE Oxigen.life SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Oxigen.life MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Oxigen.life SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT Oxigen.life IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE Oxigen.life SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Oxigen.life SHALL CREATE ANY WARRANTY ON BEHALF OF Oxigen.life IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Oxigen.life SERVICE IS TO UNINSTALL ANY Oxigen.life SOFTWARE AND TO STOP USING THE Oxigen.life SERVICE. WHILE Oxigen.life ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Oxigen.life, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Oxigen.life, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE Oxigen.life SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Oxigen.life HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Oxigen.life SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Oxigen.life DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Oxigen.life's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
19. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Oxigen.life, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Oxigen.life only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Oxigen.life, the Agreements constitute all the terms and conditions agreed upon between you and Oxigen.life and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Oxigen.life Service may be governed by additional agreements. That could include, for example, access to the Oxigen.life Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms.
21. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Oxigen.life or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Oxigen.life's or the applicable third party beneficiary's right to do so.
Oxigen.life may assign the Agreements or any part of them, and Oxigen.life may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Oxigen.life harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Oxigen.life Service; and (4) your violation of any law or the rights of a third party.
24. Choice of law, mandatory arbitration and venue
24.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of England. Further, you and Oxigen.life agree to the jurisdiction of the courts of England to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). Oxigen.life does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section
24.2. is enforceable, the following mandatory arbitration provisions apply to you:
24.2.1 Dispute resolution and arbitration
You and Oxigen.life agree that any dispute, claim, or controversy between you and Oxigen.life arising in connection with or relating in any way to these Agreements or to your relationship with Oxigen.life as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
24.2.1 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
In the event that Oxigen.life makes any future change to this arbitration provision (other than a change to Oxigen.life's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Oxigen.life's address for Notice, in which case your account with Oxigen.life shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
25. Contact us
If you have any questions concerning the Oxigen.life Service or the Agreements, please contact Oxigen.life customer service by accessing the Contact Us menu item from the Service's Menu.
If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Oxigen.life, at the address below, with your email address and a request for the Agreements.
Thank you for reading our Terms. We hope you enjoy Oxigen.life!
PO Box 651
North Hollywood, CA, 91603
United States of America