Terms of Service
Last Updated: October 1, 2023
Ollion Group Companies
The Ollion group of companies, successors, divisions and group entities consist of Ollion, Inc., a company incorporated under the laws of Delaware, formerly known as 2nd Watch, Inc.; Ollion Pte Ltd (UEN: 201727153K), a company incorporated under the laws of Singapore, formerly known as ST Telemedia Cloud Pte Ltd; PT Ollion International Indonesia (Principal Business No. 9120401581563), a company incorporated under the laws of the Republic Indonesia, formerly known as PT Cloud Comrade Indonesia; Ollion Sdn Bhd (201801006447 (1268461)), formerly known as Cloud Comrade Sdn Bhd; CloudCover Consultancy Pvt Ltd (CIN: U74900PN2015PTC153774), a company incorporated under the laws of the Republic of India; CloudCover Pte Ltd (UEN 20172789G), a company incorporated under the laws of Singapore; and Cloud Comrade Pte Ltd (UEN:201414379M), a company incorporated under the laws of Singapore (collectively, “Ollion”, “we”, “us” or “our”).
These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Ollion Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, and knowledge centers (hereinafter, “Online Mediums”), both now and in the future. Ollion may also publish General Terms and Conditions or Service Specific Terms and Conditions terms and conditions applicable to services offered by Ollion on the Ollion Website (“General Terms and Conditions of Service”) in which event, these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the General Terms and Conditions of Service.
By accessing, browsing or using our Ollion Websites, you are agreeing to comply with and be bound by the following Terms and all terms and conditions incorporated by reference. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE OUR OLLION WEBSITES. The Terms shall also apply to the corporate brochure, e-newsletter and any other communications materials produced by Ollion (“Corporate Materials”). If you use, have access or subscribe to any of these Corporate Materials you agree to, and are bound by the Terms below to the extent applicable.
We may periodically make changes to these Terms. It is your responsibility to review the most recent version of these Terms frequently and remain informed of any changes to it. You agree that your continued use of the Site after such changes have been published shall constitute your acceptance of such revised Terms.
LICENSE TO USE OLLION WEBSITES
- Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Ollion Websites for your personal use and not for resale or further distribution. Your right to use the Ollion Websites is limited by the terms set forth in these Terms.
- Except for this license granted to you, we retain all right, title, and interest in and to the Ollion Websites, including all related intellectual property rights. The Ollion Websites and its contents and Materials are protected by applicable intellectual property laws, including United States and international copyright laws and international treaties.
- Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorized third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Ollion Websites; (b) rent, lease, or sublicense access to the Ollion Websites; nor (c) circumvent or disable any security or technological features or measures of the Ollion Websites.
ACCESS TO AND MODIFICATIONS TO OLLION WEBSITES
- We do not provide you with the equipment to access our Ollion Websites. You are responsible for all fees charged by third parties to access our Ollion Websites (e.g., charges by internet service providers).
- We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Ollion Websites without notice. We will not be liable to you or to any third party for any modifications, suspension, or discontinuance of our Ollion Websites.
- We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to our Ollion Websites at any time, for any or no reason, with or without prior notice, and without liability.
- You must be 13 years of age or older to use our Ollion Websites.
- You will not use the Ollion Websites to: (a) harm Ollion or third parties in any way; (b) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (c) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (d) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with or disrupt the Ollion Websites or servers or networks connected to the Ollion Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Ollion Websites; (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (g) “stalk” or otherwise harass another; (h) write comments that in any way refer to persons under 18 years of age; or (i) collect or store personal data about other users.
- You must comply with all applicable laws, including U.S. and international export control laws, when using the Ollion Websites. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any Materials or any other content made available on the Ollion Websites, or compile or collect any Materials or other content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Ollion Websites or store, copy, modify, distribute, or resell any Ollion Websites Materials or other content; (c) rent, lease, or sublicense your access to the Ollion Websites to another person; (d) use the Ollion Websites or Materials, or other content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Ollion Websites; (f) use the Ollion Websites in a manner that threatens the integrity, performance, or availability of the Ollion Websites; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Ollion Websites or Materials or other content.
- We may collect information about you through the Ollion Websites. Our collection and use of this information is governed by our Privacy Notice located at https://ollion.com/privacy.
LINKING TO OLLION WEBSITES
- If you link to the Ollion Websites, you are permitted to link only to the home page: www.ollion.com. Deep linking to internal parts of the Ollion Websites, framing of the Ollion Websites as part of other website, and in-line linking or any other manner of incorporating parts of the Ollion Websites as part of another website is not permitted without the prior written consent of Ollion.
LINKS AND THIRD PARTY CONTENT
- The Ollion Websites may contain links to third party products, services, and websites or, other third party websites may contain hyperlinks to the Ollion websites. We exercise no control over the third party products, services, and websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not beare not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
- The Ollion Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Ollion does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, libel or defamation or any form of damages (whether arising out of contract or tort), with respect to Submissions.
- Submissions are not reviewed, approved or endorsed by Ollion and are provided solely for convenience to Ollion customers and users. Ollion reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
- You agree that Ollion is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any Submissions you may send to us or any Online Mediums including, responses to questionnaires or through postings to the Ollion Websites, without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including developing, manufacturing, and marketing products and creating, modifying, or improving the Ollion Websites or our products and services. Furthermore, by posting any Submission on the Ollion Websites, submitting information to us or on Online Mediums, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.
- By posting or providing a Submission or information, you represent and warrant that: (a) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein; (b) the posting of your Submissions on or through the Ollion Websites does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay all royalties, license fees, and any other monies owing any person by reason of any Submission posted by you on or through the Ollion Websites or Online Mediums.
- You will not use the Ollion Websites to: (a) transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable material; (b) transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); nor (c) transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- The Ollion Websites; their past, present and future versions; all pages found within the Ollion Websites; all of the information and content on the Ollion Websites save and except for Submissions; all Materials, graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Ollion Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Ollion, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Ollion Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
- The Ollion Websites and the Content may not be copied, reproduced, distributed, adapted, modified, published or republished, translated, displayed, posted, resold, broadcast, hyperlinked, framed or transmitted, or otherwise distributed in any manner or by any means or stored in an information retrieval system or in any other manner except with the prior written permission of Ollion, and express attribution to Ollion. You are granted permission to display on your computer, print and download the Content on the Ollion Website solely for your own personal, non-commercial and educational use; provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Materials. You also may not, without the prior written permission of Ollion, insert a hyperlink to this website on any other website or “mirror” any Material contained on this website on any other server. Certain Content and documents available on the Ollion Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license and you would be solely responsible for compliance with such licenses. Unauthorized use of the Ollion Websites or the Content contained on or available through the Ollion Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
- Copyrights Infringement Complaints. You may not use the Ollion Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Ollion encourages you to report any content on the Online Mediums that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, you may notify Ollion at Legal Form. We shall have full discretion to determine such action that it would and when it would take such action, upon the receipt of a Copyright Infringement Complaint.
- Trademarks. The trademarks, service marks, logos, slogans and domain names (“Marks”) used and displayed on the Ollion Websites are either common-law service marks, trademarks or registered and unregistered Marks of Ollion or its subsidiaries, affiliates or its licensors and are protected by trademark laws in the United States and other countries, and international laws and treaties. Nothing contained on the Ollion Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks displayed on the Ollion Websites, without the prior written permission of Ollion or the relevant licensors. Other names of actual companies and products mentioned on the Ollion Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Ollion. You are not permitted to use any Marks displayed on Ollion Websites, metatags or any other “hidden text” utilizing Marks of Ollion and its licensors, in any way, including in advertising or publicity pertaining to the distribution of Materials on this website, without prior written permission of Ollion or such third party who may own the Mark. Ollion prohibits use of the Marks displayed on this Ollion Websites as a “hot” link or in-link to any other site unless establishment of such a link is approved in advance by Ollion in writing.
DISCLAIMER OF WARRANTIES
- All information provided in the Ollion Websites is for information purposes only. Notwithstanding any language to the contrary, nothing contained in or through the Ollion Websites constitutes, nor is intended to constitute an offer, inducement, promise or contract of any kind.
- The Ollion Websites and the Materials and Content are provided “as is”, “as available”, and are subject to change, interruption, suspension or termination for any reason without notice. Ollion and its subsidiary and affiliated group of companies do not warrant the accuracy, adequacy or completeness of the Ollion Websites, the Materials, and/or Content and expressly disclaims liability for errors or omissions in the Materials or Content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, use or application, is given in conjunction with the Materials, Content and/or the Ollion Websites.
- Ollion and its subsidiary and affiliated group of companies does not warrant that any of the Materials, Content or that the Ollion Websites will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that the Ollion Websites and the Materials and/or Content are free from any virus or other malicious, destructive or corrupting code, programme or macro.
LIMITATION OF LIABILITY
- OLLION, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES (WHETHER ARISING OUT OF CONTRACT OR TORT), LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGE, OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION FOR LOSS OF OR DAMAGE TO BUSINESS, REVENUES, GOODWILL OR DATA) HOWEVER CAUSED ARISING FROM OR IN CONNECTION WITH: (A) ANY ACCESS, USE OR THE INABILITY TO ACCESS OR USE THE Ollion WEBSITES, OR RELIANCE ON THE MATERIALS, CONTENT AND/OR ANY INFORMATION IN THE OLLION WEBSITES; (B) ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUS; AND (C) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE LINKED TO THIS OLLION WEBSITE, EVEN IF OLLION OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES AND/OR EXPENSES.
- You agree to indemnify and hold Ollion, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Ollion and its licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; and (iii) your violation of these Terms or Website General Terms and Conditions of Service. This indemnification obligation will survive the termination of your services with NewCo or these Terms.
- E-MAIL COMMUNICATION AND E-NEWSLETTER
- If you choose to identify yourself by sending an e-mail, or subscribing to our e-newsletter, the information you send may be entered into our electronic database and may be reviewed and used by Ollion in accordance with NewCo’s Privacy Notice found at https://ollion.com/privacy.
- If you subscribe to our e-newsletter, you may unsubscribe at any time by clicking on the “Unsubscribe” button at the bottom of the e-newsletter.
- Please be aware that e-mail and other Internet communication channels may not be secure against interception, and we cannot guarantee the security or confidentiality of any of the information transmitted. If your communication is personal or sensitive, you may prefer to send it by postal mail or by hand instead or contact us by telephone.
- Ollion reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to our website and/or e-newsletter.
- Law and Venue:
- United States. If you are accessing the Ollion Websites from the United States, enforcement of these Terms will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Ollion Websites will lie in the State and Federal courts located in the City and County of Spokane, Washington, and you irrevocably agree to submit to the jurisdiction of such courts.
- Outside of the United States. If you are accessing the Ollion Websites from outside of the United States, enforcement of these Terms will be governed by Singapore law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Ollion Websites will lie in the courts located in Singapore, and you irrevocably agree to submit to the jurisdiction of such courts.
- The failure of Ollion to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Ollion in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about the Ollion Websites or these Terms, please send us a thorough description by using one of the following methods:
- General Inquiry Form: here
- California Specific Inquiry Form: here
- Legal Inquiry Form: here
- by contacting us at firstname.lastname@example.org
- by phone at 1 (888) 317-7920
- by mail:
1324 N. Liberty Lake Road #2441
Liberty Lake, WA 99019
Attn: Legal Department