Ononga: terms and conditions for use of the site, and competitions.
Date of Last Revision: 1st August, 2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Ononga Principles, and is our terms of service that governs our relationship with users and others who interact with Ononga, as well as Ononga brands, products and services, which we call the “Ononga Services” or “Services”. By using or accessing the Ononga Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Ononga works.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Ononga to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
2) Sharing Your Content and Information
You own all of the content and information you post on Ononga, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Ononga (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information, you are allowing everyone, including people off of Ononga, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Ononga, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Ononga safe, but we cannot guarantee it. We need your help to keep Ononga safe, which includes the following commitments by you:
You will not post unauthorised commercial communications (such as spam) on Ononga.
You will not collect users' content or information, or otherwise access Ononga, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ononga.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Ononga to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Ononga, such as a denial of service attack or interference with page rendering or other Ononga functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
4) Registration and Account Security
Ononga users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Ononga, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your personal timeline primarily for your own commercial gain, and will use a Ononga location Page for such purposes.
You will not use Ononga if you are under 16.
You will not use Ononga if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
By signing up, you will accept to be added to Ononga's mailing list.
5) Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Ononga that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Ononga if we believe that it violates this Statement or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
You will not post anyone's identification documents or sensitive financial information on Ononga.
You will not tag users or send email invitations to non-users without their consent. Ononga offers social reporting tools to enable users to provide feedback about tagging.
6) Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Ononga within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Ononga.
If you make a payment on Ononga, you agree to our Payments Terms unless it is stated that other terms apply.
8) Special Provisions Applicable to Developers/Operators of Applications and Websites
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
9) Special Provisions Applicable to Advertisers
Your advertising or other commercial or sponsored activity or content placed on Ononga or our publisher network will comply with our Advertising Policies.
Special Provisions Applicable to Pages
If you create or administer a Page on Ononga, or run a promotion or an offer from your Page, you agree to our Pages Terms.
10) Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Newsfeed section of your noticeboard.
Your continued use of the Ononga Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Ononga to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2, 3, 9, and 13-16.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Gumtree.com Limited must be resolved by the courts of England and Wales. You and Gumtree both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Gumtree both agree to submit to the jurisdiction of the County Court of Wandsworth.
If anyone brings a claim against us related to your actions, content or information on Ononga, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Ononga and are not responsible for the content or information users transmit or share on Ononga. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Ononga. We are not responsible for the conduct, whether online or offline, of any user of Ononga.
We try to keep ononga up, bug-free, and safe, but you use it at your own risk. We are providing ononga as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that ononga will always be safe, secure or error-free or that ononga will always function without disruptions, delays or imperfections. Ononga is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or ononga, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or ononga will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. 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. In such cases, ononga's liability will be limited to the fullest extent permitted by applicable law.
14) Special Provisions Applicable to Users Outside the United Kingdom
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Ononga outside the United Kingdom:
You consent to having your personal data transferred to and processed in the United Kingdom.
You will not use Ononga if you are prohibited from receiving products, services, or software originating from the United Kingdom.
Certain specific terms that apply only for German users are available here.
By "Ononga" or” Ononga Services” we mean the features and services we make available, including through (a) our website at www.Ononga.com and any other Ononga branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Ononga reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Ononga or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Ononga.
By "content" we mean anything you or other users post, provide or share using Ononga Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Ononga or provide to Ononga through Platform.
By "post" we mean post on Ononga or otherwise make available by using Ononga.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean the list of trademarks provided here.
This Statement is an agreement between you and Ononga limited. References to “us,” “we,” and “our” mean Ononga limited.
This Statement makes up the entire agreement between the parties regarding Ononga, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Ononga.
By using or accessing Ononga Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.
If the Statement is not available in the language you select, we will default to the English version.
Competition terms and conditions - Outdoor movie tickets
1. The promoter is: Ononga Limited (company no. 8635773) whose registered office is at 4 Clarendon street, Coventry CV5 6EX.
2. Employees of Ononga limited or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
3. There is no entry fee and no purchase necessary to enter this competition.
4. Route to entry for the competition and details of how to enter are via http://beta.ononga.com/terms-and-conditions.
5. Closing date for entry will be 20th August 2017 at 23:59:59. After this date no further entries to the competition will be permitted.
6. No responsibility can be accepted for entries not received for whatever reason.
7. The rules of the competition and the prize for each winner are as follows:
8. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
9. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
10. No cash alternative to the prizes will be offered. The prizes are not transferrable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
11. Winners will be chosen at random by software provided by Ononga limited from all entries received and verified by Promoter and or its agents.
12. The winner will be notified by email within 15 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
13. The promoter will notify the winner when and where the prize can be collected, or will arrange the prize to be sent to the winner.
14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
15. By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.
16. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
17. The winner agrees to the use of their name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
18. The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: Ononga limited, 4 Clarendon street, Coventry CV5 6EX.
19. Entry into the competition will be deemed as acceptance of these terms and conditions.
Details of the competition:
21. Prizes consists of three pairs of regular outdoor movie tickets to any events in the UK. The three winners will be offered the choice of the date and location for the outdoor movie session.
22. There will be a draw for all people who fill in the entry form by filling in all mandatory fields legibly in English. If the participant also retweets a Twitter post about this competition (by @Onongastartup), or signs up to Ononga, then they will get two or three entries into the competition. The candidate must be a resident of the UK or Ireland. Ononga Limited reserves the right to invalidate any entry without justification. If this is the case, the candidate will be given the opportunity to participate again in the competition, if it is before the end date. If a second application is created by the same user, they will be entered in the competition only once.
23. The user profiles must satisfy the Terms and Conditions of the site.
24. Ononga is declaring from the beginning of this competition that at least 50 entries must be made for the prize draw to be triggered. If this does not happen, the competition date may be delayed or renewed and all participants in the current competition will be entered for the new competition with an updated date.