Last updated: September 10th, 2024
These Terms of Service (“Terms”) apply to your access to and use of our website, mobile applications and other online products and services (collectively, the “Oceanicview Services” or “Services”) provided by Oceanicview LLC., “we” or “us”). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION WHICH REQUIRE THAT DISPUTES, INCLUDING DISPUTES ARISING FROM INCIDENTS OR INTERACTIONS OCCURRING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS, IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will take precedence.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD. SUCH APPLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO, APPLICATION OF THE AMENDMENTS IN REGARDING CONSOLIDATION OF DISPUTES, WHICH SHALL APPLY TO ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED, OR ARBITRATION WAS INITIATED, PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS. If you do not agree to the amended Terms, you must stop using our Services.
From time-to-time Oceanicview LLC introduces new features that may only be available to certain users. The provisions of these Terms of Service relating to new features may not apply to all users.
To contact Oceanicview regarding the Services or your account, please visit the Contact Us Page where we’ll ask for certain information that will allow us to effectively respond to your message.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. By agreeing to these Terms, you also acknowledge that you have been provided notice of our Privacy Policy.
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Oceanicview Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to the penalty as it maybe stipulated by the law of the jurisdiction and will be hold liable by the Oceanview terms of operation.
Additionally, to use the Services, you must not: (a) have previously been suspended or removed from using the Oceanic view Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
You may need to register for an Oceanicview account if you meet the legal requirement in your Jurisdiction. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for an Oceanicview account if you live in the territories, we have our service available. We reserve the right to reclaim Oceanicview account usernames, including on behalf of businesses or individuals that hold legal claims including trademark rights, to those usernames.
The Oceanicview Services allow you to post items for sale, services and skilled labor by uploading pictures and providing items, services or skill descriptions. You can post your goods and services without charge for our basic services. Our charges only apply to post more than the number available to basic services and advertising within our platform or using our billboard for more visibility
When a buyer and seller agree on a price for an item posted for sale on the Services there are several options for completing the transaction.
If a buyer and seller agree, items may be paid for in-person and outside of Oceanicview Services, such as by cash, check or other agreed upon payment methods. The details of such a transaction and their payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. Oceanicview is not a party to the transactions in any way, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner. Since is not a party to or involved in transactions of this nature, you acknowledge we cannot be held liable for any claims that arise out of it.
The Oceanicview Services allow businesses to post job openings for a fee, which shall be determined solely by Oceanicview and may vary according to your location, length of job posting, etc. Oceanicview Jobs postings are only available for employment at businesses, and individuals. You may not post any job openings that violate the Oceanicview policy, or the Labor law of the Jurisdiction as stated in the country labor law and Jobs Guidelines.
By posting a job on Oceanicview you are responsible to ensure the content of your posting complies with all applicable laws, including any local requirements regarding non-discrimination, disclosure of wages and benefits, age requirements for jobs, and other employment related disclosures for job postings. Oceanicview in no way participates in the job application or screening process. All communications between Oceanicview users and potential employers, job type and condition will be based on their understanding of the job and mutual agreement Oceanicview may at any time, at its sole discretion, remove any job posting for any reason without providing prior notice. Please refer to our Jobs FAQ for additional information about Jobs posting options and criteria.
Sellers who post items as being available for shipping nationwide must ship their items in accordance with Oceanicview Shipping Policies, which consist of Shipping Policy, Packaging Policy, and 7-Day Purchase Protection Policy. Sellers who receive a prepaid shipping label are charged a fee for sales that results in an item being shipped. The seller may cancel an accepted offer up until the package is initially scanned for mailing by our authorized shipping partner and the tracking details must be made available to the buyer.
A user who is not satisfied with the product will have a period of seven days to return it to the seller without any damage to the product and be refunded 100% excluding shipping cost.
Seller who refused to comply with the policy will be reprimanded to the point of termination of his Oceanicview account
Oceanicview is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Policy. Oceanicview is not liable for any losses, damages, or delays related to shipping and users ship any item at their own risk.
You agree not to use the Oceanicview service in a manner that violates the law of the country or Postal Service regulations, including but not limited to U.S. Postal Service Publication 52, in any way Or other courier services Without limiting the forgoing, you may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
Taxes
You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
Oceanicview will collect applicable sales tax if we determine that we have a duty to collect sales tax in each state for transactions that we are involved in Oceanicview otherwise you are required to collect all applicable sales taxes for sales made through the Oceanicview Services.
Oceanicview may need to report your earnings from Oceanicview transactions to the Internal Revenue Service if you hit certain thresholds of activity on the “Oceanicview Platform” (defined as both the oceanic view mobile and web app). All users on this platform are considered individual contractor who are responsible for their own taxes and all necessary levy that might be required for such business or services in your jurisdiction.
Paid Services & Featured Adverts and Billboard
General. While using Oceanicview is generally free, some products or services are available for a fee Paid Services include, but are not limited to, the following: (1) Active featured Ads to give your post more visibility (2) Using the oceanic view Billboard which charge based on states and its size and duration of time for the adverts
Unless otherwise noted, Paid Services are charged, billed, and managed through your applicable Apple App Store or Google Play Store platform (each a “Platform”). Some Paid Services are one-time payments and are renewable based on the seller’s needs and according to the terms identified at the time of purchase.
Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, company logo or marks, job descriptions, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Oceanicview
You grant Oceanicview a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with Oceanicview Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Oceanicview uses third parties to provide services such as location verification and stripe for payment
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Oceanicview Services any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory.
If fraudulent, misleading or false, may encourage deceptive activity, or would otherwise constitute duplicitous behavior.
Is, in Oceanicview judgment, disrespectful, inappropriate, or may expose Oceanicview our users or others to harm or liability.
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party.
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.
Includes any statements or claims that do not reflect your honest views and experiences.
Contains any unsolicited marketing promotions, advertising, or solicitations.
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
Oceanicview assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Oceanicview has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Oceanicview or our licensors and are protected under the local law of the country. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license (“License”) to access and use our Services.
Oceanicview may revoke or terminate your License to access or use the Oceanicview Services for any reason without notice at OfferUp’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Oceanicview Services, or any other Oceanicview product or service, or (iii) use the Oceanicview Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using Oceanicview Services immediately if Oceanicview suspends or terminates your License to access or use the Oceanicview Services. Oceanicview reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Oceanicview Services during suspension or after termination. Oceanicview may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use Oceanicview Services is suspended and after it is terminated.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Oceanicview or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Oceanicview Services by using the Feedback in OfferUp’s sole discretion. You understand that Oceanicview may treat Feedback as nonconfidential.
Third-Party Materials
Certain elements of the Oceanicview Services include or may be presented by third-party partners, including, without limitation, job provider services, home services, and real estate rentals (“Third Party-Materials”). These Third-Party Materials are beyond Oceanicview control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. Oceanicview has no obligation to monitor Third-Party Materials, and Oceanicview may block or disable access to any Third-Party Materials (in whole or in part) through our Services at any time. Your dealing or correspondence with third parties and your use of or interaction with any Third-Party Materials are solely between you and the third party.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Oceanicview does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Your access to and use of Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content or Third-Party Materials (including terms of service or privacy policies of the providers of such Third-Party Materials). To engage with third-party partners, you may be taken outside of the Services to engage with the third-party partner directly. In such case, you will become subject to their respective terms and conditions and privacy policies. Oceanicview is not responsible for the content, information, products, or services provided by third party partners through Third-Party Materials or Third-Party Content, and you agree that Oceanicview has no liability arising from your access to or use of Third-Party Materials or Third-Party Content. You agree not to assert against Oceanicview any claims related to the third-party partner, Third-Party Materials or Third-Party Content, and acknowledge that the assumption of risk outlined in Section 17 below also applies to third-party partners or any individuals that you may encounter when using Third-Party Materials or Third-Party Content. You also agree that your indemnification obligations outlined in Section 14 below extend to any Claims (defined below) arising out of or relating to your access to or use of Third-Party Materials or Third-Party Content.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Oceanicview and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the “Oceanicview Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Oceanicview Parties of any third-party Claims, cooperate with the Oceanicview Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Oceanicview Parties will have control of the defense or settlement, as Oceanicview sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Oceanicview or the other Oceanicview Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Oceanicview does not represent or guarantee that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Oceanicview or the other Oceanicview Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Oceanicview to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Oceanicview is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Oceanicview.