Oblique Pro - Terms and Conditions

Welcome to www.obliquepro.com (the "Website"). By using the Website, and the products and services of Oblique Pro Limited ("Oblique Pro", “us”, “our”) to view, upload, download, transmit or publish content (“Content”) available on or through the Website (referred to collectively as the "Services") and clicking the “I accept” button you, the user of the Website (“User”, “you”, “your”) irrevocably agree to be bound by these Terms of Service and Oblique Pro’s Privacy Policy, available at https://obliquepro.com/raw/privacy (collectively the "Terms").  These Terms apply both to third-party contributors and viewers of Content uploaded or displayed on the Website.

  1. Website. The term Website, as defined above, includes, without limitation, information, links, Services, and any other service which may be accessed through the Website via any medium or device. You agree that by accessing the Website consent to receiving certain updates from the Oblique Pro from time-to-time, unless you unsubscribe from those updates.
  2. Acceptance of Terms. Oblique Pro may, at its sole discretion, update these Terms from time-to-time, which will be displayed in this section of the Website, although we will use our best endeavours to notify you of any changes. You acknowledge that your continued use of the Website after amendment to the Terms constitutes your acceptance of them.
  3. Lawful Use of Website. You agree that you may only use the Website for purposes which are permitted by these Terms and under applicable law.
  4. Restrictions on Use of Website: You are not permitted to use the Website or Services and cannot accept the Terms if: (i) you are below the age of 13 or (ii) between the ages of 13 to 18 unless your parent or legal guardian has agreed to accept the Terms on your behalf; or (iii) you are prevented from receiving the Services under the laws of the jurisdiction which you are resident or from where you use the Website or Services.
  5. Restricted Activities. You agree not to:  
    1. Assist in disruption of the Website, the Services or the servers and networks which are connected to the Services, or breach and rules or regulations of the networks connected to the Services;
    2. Use the Services for a fraudulent or illegal purpose, or to use the Website to harvest personal information without prior consent;
    3. Amend any Content in order to disguise its origin and prevent detection by the Content owner;
    4. Upload, download, transmit or publish any Content that infringes on the intellectual property rights of any owner;
    5. Upload, download, transmit or publish any Content that contains software viruses or malicious code;
    6. Upload, download, transmit or publish any Content that is unlawful, threatening, obscene, defamatory, libelous, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; or
    7. Provide false details or misrepresent your affiliation with any party on the Website or to the Oblique Pro.
  6. Intellectual Property. You acknowledge that Content accessed through the Website the sole responsibility of the person that made such Content available. Such Content, including but not limited to videos, photos, forum posts, content and other multimedia, and third-party links on the Website, may be subject to intellectual property rights held by the owner of the Content. You hereby grant Oblique Pro a non-exclusive, royalty free, irrevocable, worldwide, sub-licensable licence to use, adapt, copy and distribute any of your Content in connection with the Services, including without limitation for promoting and redistributing part or all of your Content (and derivative works thereof) in any media formats and through any media channels. You may not use, adapt, copy or distribute Content (either in whole or in part) unless you have written permission of the Content owner and provide an equivalent licence to Oblique Pro. You acknowledge and agree that: (i) Oblique Pro (or its licensors) owns all legal right, title and interest in the Services and the Content created by Oblique Pro, including any intellectual property rights which subsist in the Services and (ii) that Oblique Pro is in no way responsible for, nor shall have any liability related to, any Content which is not created by Oblique Pro. Any registered and unregistered trademarks appearing on the Website belong to the Oblique Pro, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
  7. Links. 
    1. Outgoing links. The Services may include links to third-party web sites or resources. Oblique Pro has no control over and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Oblique Pro is not liable for any loss or damage which may be incurred by you as a result of the use of any products or services available on such web sites or resources. You must ensure that you when you leave the Website you may be subject to the terms and conditions and privacy policy of the website that you visit.
    2. Incoming links. You are free to establish or post a link to the Website provided that the link does not state or imply Oblique Pro's endorsement or sponsorship of you, your company, or your site. You are not permitted to frame any page of the Website without the prior consent of the Oblique Pro in writing.
  8. Disputes with Third Parties. You understand and agree that Oblique Pro is under no obligation to become involved in any dispute between Website users, or between a user and any third party and you release Oblique Pro, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, in any way related to such disputes.
  9. Modification or Cessation of Services. You acknowledge and agree that the form and nature of the Services which Oblique Pro provides may change from time to time without prior notice to you. You acknowledge and agree that Oblique Pro may modify or suspend the Services at the Oblique Pro's sole discretion, without prior notice to you and that the Oblique Pro shall not be liable to you or to any third party for any modification or suspension.
  10. Indemnity. You hereby agree to indemnify and hold harmless Oblique Pro and their subsidiaries, agents, employees or contractors, from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Content you upload, download, transmit or publish through the Services, your use of the Services, your connection to the Website or Services, your violation of these Terms, or your violation of any rights of another, regardless of whether such information was provided by Oblique Pro or a third party.
  11. DISCLAIMER OF WARRANTIES. You expressly understand and agree that the Services are provided “AS IS” and your use of the Services and Website is at your sole risk. No information, whether oral or written, obtained by you from Oblique Pro or through or from the Services shall create any warranty not expressly stated in the Terms. Oblique Pro further expressly disclaims all warranties and conditions of any kind related to the Website, the Services or products purchased through either, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
  12. LIMITATION OF LIABILITY. You expressly understand and agree that Oblique Pro, and its subsidiaries, agents, employees or contractors are not be liable to you for any direct, indirect, or consequential loss or damages (whether incurred directly or indirectly) or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website (including, without limitation, as a result of breach of any warranty or other term of these Terms). In the event that your jurisdiction does not allow the exclusion of certain warranties or limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Any cause of action you have arising under these Terms must be brought within one (1) year of the cause of action accruing, otherwise it shall be permanently barred.
  13. Content Contributors. We are not responsible for the Content submitted by our contributors, which may include statements and opinions of those contributors, not Oblique Pro. Content created by contributors is the sole responsibility of those contributors and the Oblique Pro does not guarantee or endorse its accuracy or completeness. You acknowledge that by providing you with the ability to view and distribute content through the Website, Oblique Pro is not undertaking any obligation or liability relating to the content. Oblique Pro and its directors, employees, contractors, agents, affiliates, and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content and assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Oblique Pro reserves the right, but has no obligation, to monitor, filter, review, refuse, or remove any Content from the Website for any reason and with or without notice.
  14. Termination. Either you or the Oblique Pro may terminate this legal agreement with you at any time, at which point you must cease your use of all Services.
  15. Indemnity. You hereby agree to indemnify and hold harmless Oblique Pro and their subsidiaries, agents, employees or contractors, from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Content you upload, download, or transmit through the Services, your use of the Services, your connection to the Website or Services, your violation of these Terms, or your violation of any rights of another, regardless of whether such information was provided by Oblique Pro or a third party.
  16. Survival. Notwithstanding clause 14, the terms under the following headings will survive termination of this agreement: Intellectual Property, Content Contributors, Disputes with Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions.
  17. Acknowledgment. You acknowledge and agree that: (a) you have read and understood the Terms; (b) the Terms are fair, reasonable, and not unduly restrictive; and (c) you have had the opportunity to confer with legal counsel of your choice prior to agreeing to the Terms.
  18. General Provisions. 
    1. Notices. Oblique Pro may provide you with notices, including changes to these Terms, by sending a notice to your last-known email or address, or by posting on the Website.
    2. No Waiver. Oblique Pro’s failure to enforce any right or power under these Terms will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.
    3. Entire Agreement. These Terms and the Privacy Policy comprise the entire understanding and agreement between Oblique Pro and you and supersede any previous understanding or agreement, oral or written, relating to your use of the Website.
    4. Severability. In the event that any provision of these Terms is held invalid or unenforceable in your jurisdiction, such provision will be severed from these Terms and the remaining Terms shall remain valid and enforceable. If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
    5. Force Majeure. Oblique Pro shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond Oblique Pro's reasonable control.
    6. Joint Drafting. If an ambiguity arises with respect to the interpretation of any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.
    7. Assignment. This agreement may not be assigned by you without Oblique Pro’s prior consent in writing. The Oblique Pro is permitted to assign any of its rights and obligations under this agreement at any time.
    8. Governing Law. These Terms shall be governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the Courts of New Zealand.

DMCA/Copyright Takedown Notice

If you believe that any Content has infringed your intellectual property rights, please email us a DMCA or equivalent copyright takedown notice at legal@obliquepro.com with the following information:

  1. your physical or electronic signature with a statement that the information included in your notification is accurate, under penalty of perjury, that you are the owner of the intellectual property rights to the allegedly infringing Content or are authorised to act on behalf of the owner, and that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
  2. An identification of the allegedly infringing Content (e.g. the URL reference); and
  3. Your contact details, preferably, email, phone number and address.

Oblique Pro Social Media Competition Terms and Conditions

  • The promoter is: Oblique Pro Limited whose place of business is at Unit 3, Amuri Park, 404 Bealey Ave, Christchurch.
  • The competition is open to residents of the country aged 10 years or over except employees of Oblique Pro Ltd, and the partnering sponsor as displayed in the entry information and their close relatives and anyone otherwise connected with the organisation or judging of the competition. Participants under the age of 18 must ensure that their parent or legal guardian consents to these terms and conditions on their behalf.
  • There is no entry fee and no purchase necessary to enter this competition.
  • By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  • Route to entry for the competition and details of how to enter are via Website: http://www.obliquepro.com/raw
  • The promoter reserves the right to exclude any entries the promoter in its sole discretion considers to be inappropriate, unrelated or offensive and to disqualify any entries if the Promoter, at its sole discretion, believes that there has been an attempt to manipulate or tamper with the operation of the promotion. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified, unless the competition instructs methods to receive multiple entries.
  • Closing date for entry will be four weeks after the Scooter event date as notified by the promoter. After this date the no further entries to the competition will be permitted.
  • No responsibility can be accepted for entries not received for whatever reason.
  • 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 or circumstance outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  • The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  • The prize is as stated by promoter and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  • Winners will be chosen from all entries received and verified by the Promoter and or its agents.
  • The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 14 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.
  • The promoter will notify the winner when and where the prize can be collected / is delivered.
  • The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  • By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  • The competition and these terms and conditions will be governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
  • The entrant agrees that the promoter may store and use the data he/she enters into this competition and contact entrant via email. Entrant consents to the use of his/her name and image in any publicity material of promotor (including its social media channels and their website), as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent or except as provided herein.
  • Any intellectual property contained within the entry shall be the property of promotor.
  • The winner’s name will be available 21 days after closing date by emailing the following address: info@obliquepro.com.
  • This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network. You are providing your information to Oblique Pro Limited and not to any other party. The information provided will be used in conjunction with the Privacy Policy found at http://www.obliquepro.com
  • The entrant must be following @obliqueproxyz on Instagram in order to enter.
  • Oblique Pro Limited shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
  • Oblique Pro Limited also reserves the right to cancel the competition if circumstances arise outside of its control.
  • To the extent permitted by law, promotor excludes any liability it may have arising directly or indirectly out of or in connection with the competition.

This document was last updated on 26 February 2018