Media Content and Orders
Please understand that we have made every effort to display our products featured on our Media as accurately as possible. Your computer monitor, will affect the colors and materials you actually see on the screen. Ocean 365 is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return or exchange the item.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update product information at any time without prior notice (including after you have submitted your order). We reserve the right at any time to accept or decline your product order, or any portion thereof, even after you receive the receipt of an order confirmation. For example, in the event that a product is listed with an incorrect price, we shall have the right to refuse or cancel the order placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card is charged. If your credit card has already been charged for the order and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause.
Intellectual Proprietary Rights
Our Media is expressly owned and operated by Ocean 365. Unless otherwise noted, all Content on our Media, such as text, graphics, logos, trademarks, service marks, trade names, icons, images, audio clips, video clips, digital downloads, or any other content on our Media, is the exclusive property of Ocean 365. This Media, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights and trademarks are reserved.
Use of our Media
By submitting any content such as - original creative materials, original artwork, product ideas, designs, images, fonts, colors, stories, inventions, computer code, files or any other content ("Content") to Ocean 365, you represent and warrant that:
- you are the sole author and owner of all intellectual property rights thereto;
- your Content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- you waive all "moral rights" that you may have in such Content;
- all Content that you submit is accurate;
- your Content is not false, inaccurate or misleading;
- your Content does not violate these Terms;
- your Content will not cause injury to any other party;
- your Content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- your Content will not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- you were not compensated or granted any consideration by any third party for submitting your Content;
- your Content is not subject to any confidentiality obligations, nor will Ocean 365 be subject to any confidentiality obligations on the account of your Content;
- your Content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
For any Content that you submit, you grant to Ocean 365 a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such Content and to incorporate such content into any form, medium or technology throughout the world without any compensation to you.
All Content that you submit may be reviewed, revised, posted, or otherwise used by Ocean 365 at our sole discretion. Ocean 365 reserves the right to change, condense or delete any content on Ocean 365’s Media. You acknowledge that you, not Ocean 365, are responsible for any Contents you submit to us.
By submitting your email address to us in any way, you agree that Ocean 365 may use your email address to contact you about any of your communications with us and for other administrative purposes.
You agree to indemnify and hold harmless Ocean 365 (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, your use of this Media, or your violation of any law or the rights of a third party.
Links To Other Websites on Our Media
Our Media may contain links to other websites that are not under the control of Ocean 365. Ocean 365 has no responsibility for the linked websites nor does it endorse them. Ocean 365 provides the links solely for the convenience and information of its Media users.
These Terms shall be construed in accordance with the laws of the State of Texas, USA, without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of our Media shall be resolved exclusively by the state and/or federal courts of the State of Texas, Harris County.
Confidentiality of Passwords
If you create an account on our Media, you are responsible for: A) maintaining the confidentiality of passwords you choose, and B) all activities that occur under or in connection with such passwords. You agree to notify Ocean 365 immediately in the event of: C) any loss of your password or D) any unauthorized use of your password. Ocean 365 will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.
Comments and Feedback Sent to Us
We welcome your comments about our and products and Media. However, any comments, ideas, feedback, questions, messages, suggestions, artwork, images, videos or other communications sent to our Media shall be and remain the exclusive property of Ocean 365. If you submit any comments or Content to us, such submission shall constitute an assignment to Ocean 365 of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the comments and/or Content. Ocean 365 will be entitled to use, modify, reproduce, disclose, publish and distribute any Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, you should not send us any comments or Content that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, stories or original artwork.