1. INTRODUCTION

1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (hereinafter named as "Web", “Website"). Accessing and using the Website indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Website.

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1.2 The Website is operated and the Terms of Use were issued by OX Oceanix Watches LLC, (hereinafter named as "OX", “OX®”, "OX Oceanix Watches", “We", “Us”, “Our”).

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1.3 Oceanix Watches may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.

 

1.4 These Terms of Use apply to the user's browsing on the website and the online store of OX® www.oxwatches.com also accessible from www.oceanixwatches.com or www.frog300.com url redirections, with registered address of OX OCEANIX WATCHES LLC at 8 The Green, Ste A, Dover, Delaware 19901, USA, and with EIN Number 35-2819987, phone number +1(302) 213-648, and email address ox@oceanixwatches.com.

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1.5 In this regard, the term "User" (hereinafter also referred to as "user," "you," "yours") shall refer to the person who accesses, navigates, uses, or participates in the services and activities, free or subscription-based, developed on the Website.

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2 INDUSTRIAL AND/OR INTELLECTUAL PROPERTY RIGHTS

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2.1 The Industrial and/or Intellectual Property rights over the set of contents (hereinafter "contents") published or used on the website are owned by OX® / OX Oceanix Watches LLC, unless otherwise expressly stated. All trademarks, logos, or other distinctive signs appearing on the website are property of OX®, unless otherwise indicated in the copyright notice at the footer, such as graphic or written mentions of specific or complementary information and/or reference.

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2.2 The website, along with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, corporate designations and products, as well as all digital content on the website and all other files, and their selection and arrangement ("the Website Content"), are subject to legal protection, in particular copyright, trademarks, and design rights of OX® and FROG300, its affiliates, its users, or its licensors, with all rights reserved. No content from the website may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, published, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own user-generated content that you legally post on the website.

 

2.3 The contents of the website may be used, downloaded, and/or printed for private, social, and non-commercial purposes, only to the extent that the use is in accordance with the terms cited here: "documents, texts, or graphics that are part of the website shall not be subject to modification, either partially or in whole. Graphics shall not be used without the accompanying texts. Mentions of any kind related to copyright and other rights shall be maintained when using the associated contents."

 

2.3. It is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way the entirety or part of the contents included on this Website, including texts, images, audio, and video, for public or commercial purposes without the express prior written authorization from OX®.

 

2.4 The use of any content from this website, except as provided in these terms of use or with the express written authorization of OX-Oceanix, is strictly prohibited. All rights are reserved unless otherwise expressly indicated.

 

2.6 No trademark owned by OX-Oceanix or any word similar to such trademarks may be used as a domain name, except for authorized official brand representatives or importers.

 

2.7 OX® expressly prohibits the insertion or mention of any advertising, directly or indirectly, on this website without prior written authorization from OX-Oceanix.

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2.8 In case of infringement or violation of any of these Terms of Use, the infringer will be automatically prohibited from using the website, and any downloaded or printed content from the website must be immediately destroyed. OX-Oceanix will take any legal actions, including criminal actions, that may be appropriate in case of any violation of the Industrial and/or Intellectual Property rights over the set of contents published or used on the website.

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3. RESPONSIBILITY

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3.1 OX® takes the utmost care in presenting and describing the products. However, OX® cannot be held responsible for photography and/or typographical errors, as well as errors due to inaccuracies in technical data. OX® reserves the right to make modifications it deems appropriate at any time and without prior notice, including updating, correcting, or improving information about products and prices. The product photographs are presented for illustrative purposes only. To obtain precise information about each product, it is necessary to verify the corresponding descriptive data.

 

3.2 Neither OX® Watches, its affiliated companies, nor its employees, nor the service providers, shall be held responsible for any damage caused to the user's equipment or third parties' equipment by viruses or any other type of attack originating from a connection, access, use, browsing of the website, or downloading of content, data, texts, images, programs, videos, or audio from our website. OX® disclaims any responsibility regarding losses, corruptions, attacks, viruses, interferences, hacking acts, or other security intrusions, as well as the costs that may be required for equipment repairs. However, OX® declares that it has taken all necessary measures, within its capabilities and the state of technology, to ensure the proper functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.

 

3.3 The Website may provide the User with various spaces and participation tools such as forums, social interaction areas, or chats. Although OX® may monitor and manage the content of such spaces, it expressly declines any responsibility for the content hosted by users, without prejudice to taking appropriate measures to detect and address claims regarding possible illicit activities by users, as indicated in section 4.

 

3.4 OX® will provide the service with the utmost care, professionalism, and diligence. However, the user accepts that there may be connection failures, delays in response times for inquiries or data transfers, malfunctioning software or plug-ins, as well as interruptions or errors due to technical reasons. The user also accepts that OX® may occasionally interrupt or cancel the service at any time for technical or operational reasons.

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4 TERMS OF BROWSING, VISIT, AND USE OF THE WEBSITE

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4.1 The User undertakes to use this Website in accordance with applicable law, these terms of use, public order, and generally accepted practices and customs. The User shall not carry out speculative or bad faith acts, including but not limited to: (i) unauthorized or fraudulent use of the Website and/or the Content; (ii) accessing or attempting to access the Content if the necessary requirements for such access are not met; (iii) using the Website and/or the Content for illegal or unlawful purposes, or purposes that contravene these terms of use, good faith, public order, morality, or the rights of a third party, or in a manner that could cause harm, overload, disable the Website, or prevent its normal use, including hacking; (iv) causing damage to OX's hardware and software, OX's providers, and third parties; (v) introducing or spreading computer viruses or other elements that could cause damage to OX's hardware and software, OX's providers, and/or third parties; (vi) attempting to access, use, and/or manipulate OX's data, data of OX's providers, or other Users' data; (vii) reproducing, copying, distributing, publicly communicating, transforming, or modifying the Content, except with the permission of OX or to the extent expressly authorized by section 2.2 of these Terms of Use; (viii) removing, hiding, or modifying intellectual property rights notices and any other notices on property rights included in the Content, as well as any technical device or informational mechanism that may be introduced into the Content; (ix) obtaining or attempting to obtain the Content by means and procedures other than those established for this purpose or expressly indicated on the web pages where such Content is located.

 

4.2 The User is prohibited from publishing or transmitting any material whose content may be considered illegal, threatening, defamatory, obscene, scandalous, controversial, pornographic, or indecent, as well as any material that may constitute or encourage behavior that can be considered criminal, give rise to civil liability, or in any way infringe the law.

 

4.3 OX® reserves the right to remove such materials or information and to fully cooperate with the authorities responsible for the enforcement of laws or comply with any court order requesting or ordering OX Oceanix to remove such materials or information and/or disclose the identity of anyone who violates the provisions set forth in section 4.1 or 4.2.

 

4.4 OX® expressly disclaims any responsibility arising from the content hosted by users, without prejudice to taking appropriate measures to detect and address claims regarding possible illicit activities by users, expressly reserving the right to temporarily or permanently interrupt the service to any user whose content may be considered illegal, prohibited, or simply inappropriate, at any time and without prior notice.

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5 LINKS FROM AND TO OTHER WEBSITES

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5.1 There may be hyperlinks from our website to third-party websites. Such third-party sites are not under the control of OX®, and the user agrees that OX-Oceanix is not responsible for the accuracy, respect for intellectual and/or industrial property rights, legality, or content of these websites. OX Oceanix will not be responsible for continuously monitoring the content of such third-party websites. OX-Oceanix will immediately remove such links if it discovers or is informed of any rights violation. OX® cannot guarantee user satisfaction regarding the products and/or services provided by such third parties through any of the linked websites, so the user should inform themselves in the manner they deem appropriate before engaging in any transactions through any third-party websites.

 

5.2 The creation of hyperlinks to our website is only permitted for private and non-commercial purposes. In this context, hyperlinks of the "deep linking," "framing," "in line linking," and all types of integration of all or part of the Swatch website with third-party websites are prohibited. OX-Oceanix declines all responsibility and will take appropriate action in case of violation of this condition, as well as with respect to any third-party sites that link to our website.

 

5.3 In any case, any link to our website must be removed upon OX-Oceanix's first request.

 

6 SERVICE ACCESSIBILITY

 

6.1 OX® will provide the service with the utmost care, professionalism, and diligence, and aims to keep the website available for browsing at all times; however, the user accepts that the website may not be accessible or available for use at any time.

 

6.2 Access to the website may be temporarily interrupted without prior notice due to system failures, maintenance, repairs, updates, or any other technical or operational reasons, without any liability arising for OX® and/or the affiliated companies.

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7 USER-GENERATED CONTENT

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7.1 In the event that the user submits any type of content to the website, they declare, warrant, and agree that they have the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, any other industrial and/or intellectual property rights, or any other third-party rights, that such information is not confidential, and that such information is not harmful to third parties.

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7.2 The user acknowledges responsibility and indemnifies OX® for any damages arising from any communication they personally provide or on their behalf, and this responsibility includes the accuracy, legality, originality, and ownership of such communication without any restrictions.

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7.3 OX® reserves the right to decide whether to disclose or publish the content submitted by the user.

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7.4 In the case of submitting content, the user declares, warrants, and agrees:

- That they are of legal age.
- That they have the right to submit the images, text, information, and data, and that they do not infringe any intellectual property, industrial, or any other third-party rights.
- That the aforementioned images, text, information, and data have been obtained with the consent of the individuals depicted, and in the case of minors, written consent has been obtained from their legal representatives, which can be provided at any time upon request.

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7.5 OX® reserves the right to publicly communicate the content it deems appropriate and is authorized to reproduce and communicate such content through all OX media channels.

 

7.6 The user acknowledges responsibility and indemnifies OX® and its affiliated companies regarding the submitted content.

 

7.7 The user grants OX®, free of charge and without exclusivity, the rights of reproduction, distribution, transformation, and public communication, in all possible forms, with respect to the submitted content (photographs, images with or without motion, texts, information, data, sound recordings, or any other works or performances). This transfer is made worldwide, for the maximum duration currently provided for in the Intellectual Property Law.

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8 PROTECTION OF PERSONAL DATA

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8.1 In accordance with data protection regulations, OX® guarantees full compliance of the website and all services provided through it with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, as well as any other regulations governing the matter.

 

8.2 OX-Oceanix guarantees all principles of quality in the collection and processing of your data. The user can access and learn about OX Oceanix's data protection policy, particularly regarding the use and processing of personal data, at any time through the Privacy Policy link on this website.

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9 APPLICABLE LAW AND JURISDICTION

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9.1 All General and Specific Terms and Conditions included on the website are governed by United States law and will be interpreted in accordance with United States of America law. Any conflicts, disputes, or situations arising from the Terms and Conditions of this website, or their interpretation or execution, will be subject to the competent Courts and Tribunals of Justice in accordance with applicable legislation, or by the American Arbitration Association under its rules, including the American Arbitration Association Supplementary Procedures for Consumer-Related Disputes, be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Delaware, without reference to conflict of laws provisions..

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10 If you have any questions about the Terms of Use, write to OX Watches via e-maill by clicking here, or via https://www.oxwatches.com/oceanix-watches-customer-service-and-repair

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