Welcome to the “OCI APP” by ORANGE AND CRANE INNOVATIONS INC. (OCI).
By visiting our website, using OCI’s products, software, and services for its website and mobile app (herein referred to as “OCI APP”) and/or registering an Account, you agree and accept the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future and you will be able to find the most current version of this agreement at “www.orangeandcrane.com”.
Your continued use of the Services after OCI posts any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified terms and conditions. If we make any material changes to these Terms, we will notify you through a prominent notice on our website and app.
OCI, its subsidiaries and affiliated companies, including your domain administrator, offer “OCI APP” to you, provided that you are at least 18 years of age and/or with parental consent, if necessary, to form a binding contract and are not a person barred from receiving services under the laws of the Republic of the Philippines or other applicable jurisdictions. OCI cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information.
As a user of “OCI APP” , you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. OCI reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via “OCI APP” .
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using “OCI APP” and for any consequences thereof. You agree to use “OCI APP” only for purposes that are legal, proper and in accordance with the terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts “OCI APP” or servers or networks connected to OCI Services. To report any activity or content that may violate the terms, kindly go to “hello@orangeandcrane.com”
In addition to these Terms, your use of some specific “OCI APP” is governed by the policies or guidelines specific to those services and which are specifically incorporated into these Terms. Among which, but not limited to, the following:
You agree to comply with OCI's data usage and privacy policies. Users outside of the Philippines agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the Philippines or their country of residence.
To create an account, complete the following steps:
After setting up your “OCI APP” Account, you will be provided access to the “OCI APP” . Each time you use a password or identification, you will be deemed to be authorized to access and use OCI Services in a manner consistent with the Terms. You are responsible for maintaining the confidentiality of your account password and login credentials. In case of unauthorized use of account, unauthorized disclosure of password or other login credentials or any known or suspected breach of security, you shall immediately notify OCI of the same. You are also responsible for all activities that occur in connection with your account and agree not to use your Account for commercial purposes. To terminate your account or to report any unauthorized access, go to “hello@orangeandcrane.com”. We may likewise immediately terminate your account, without notice, for any conduct that we believe (i) violates the Terms, or (ii) is harmful to other users or our business interests, or (iii) for an inactive account. Likewise, we have the discretion to restrict you in accessing some or all of the features of “OCI APP” . We reserve the right to refuse to provide you access to the “OCI APP” or to allow you to open an account when such would be prejudicial to us.
OCI shall have no responsibility or liability for any loss, damage, expenses, or liabilities arising from or in connection with the unauthorized use of your Account and Password.
By registering, you provide your irrevocable and full consent to “OCI APP” including those additional terms and conditions and policies referenced herein and/or linked thereto.
OCI respects the privacy rights of its users and subscribers, consistent with the privacy laws of the Philippines, the country of jurisdiction of the Philippines. For information about our data protection practices, please see our Privacy Policy at “www.orangeandcrane.com”.
By using “OCI APP”, you acknowledge and agree that OCI may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
You likewise agree to protect your personal data and user data from any third-party access. You are fully liable for your user information, thus, OCI shall not, in any case, be held liable for any third-party access from your user profile. However, OCI may help you deactivate and delete your account in the event that a third party has accessed your user account. You may email us or contact us once this ensues.
You understand that the technical processing and transmission of “OCI APP” , including your Content, may involve transmissions over various networks; and OCI changes to conform and adapt to technical requirements of connecting networks, devices or services.
OCI’s Rights
You acknowledge and agree that “OCI APP” and any necessary software used in connection with “OCI APP” ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through “OCI APP” is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OCI or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on content, “OCI APP” or Software, in whole or in part, except as specifically authorized in a separate written agreement.
Subject to these Terms, OCI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by OCI in writing. You agree not to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to “OCI APP” . You agree not to access “OCI APP” by any means other than through the interface that is provided by OCI for use in accessing “OCI APP” , except as specifically authorized in a separate written agreement.
Except as expressly authorized by OCI, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name, in a way that is likely to cause confusion among users, subscribers and other individuals. You also agree not to remove, obscure, or alter OCI's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the “OCI APP” or software.
You are, however, welcome to link the app from your website provided that your website does not imply any endorsement or association with OCI.
Your Rights
OCI claims no ownership or control over any content submitted, posted or displayed by you on or through “OCI APP” . You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through “OCI APP” and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through “OCI APP” which are intended to be available to the members of the public, you grant OCI a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content within “OCI APP” for the limited purpose of displaying, distributing, and promoting “OCI APP” . OCI reserves the right to syndicate Content submitted, posted or displayed by you on or through the “OCI APP” and use that Content in connection with any service offered by OCI. Furthermore, OCI reserves the right to refuse acceptance, post, display, or transmit any Content at its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Your use of any Software provided by OCI, including open source software, will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. OCI Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop “OCI APP”, including providing bug fixes, patches, enhanced functions, missing plug- ins and new versions.
It is our policy to respond to infringement notices that comply with the Philippine Republic Act (R.A. 8293) otherwise known as the Intellectual Property Code of the Philippines or other applicable law and to terminate the accounts of repeated infringers, including but not limited to OCI's right to pursue civil and/or criminal complaint in the courts of competent jurisdiction in the Republic of the Philippines. For more information, please go to “www.orangeandcrane.com”.
For information regarding our intellectual property complaint procedure, please go to “www.orangeandcrane.com” . Any use of OCI’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with OCI’s then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: “www.orangeandcrane.com” (or such other URL OCI may provide from time to time).
You agree that OCI has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by “OCI APP” . You acknowledge that OCI may have set no fixed upper limit on the number of transmissions you may send or receive through “OCI APP” or the amount of storage space used; however, we retain the right however, at our sole discretion, to create limits on the number of transmissions or amount of storage space, at any time with notice to users and subscribers.
Upon the termination of your use of “OCI APP” , including upon receipt of a certificate or other legal document confirming your death, OCI will close your account and you will no longer be able to retrieve Content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of “OCI APP” , use of “OCI APP” , or access to “OCI APP” , except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
By agreeing to this Terms and Conditions, you hereby acknowledge that you may be held liable for damages and other actions in case of unauthorized use of the Luneta App Services or any portion thereof.
OCI reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, “OCI APP” (or any part thereof) with or without notice. In case of temporary or permanent discontinuance of “OCI APP” , we will post a prominent prior notice in our website and app to allow users and subscribers to download any Content submitted, posted or displayed on or through our Services.
You may discontinue your use of “OCI APP” at any time by deleting your account. You agree that OCI may, at any time and for any reason, including a reasonable period of account inactivity, restrict, suspend or terminate your access to _ “OCI APP” , terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to “OCI APP” , your account or any files or other Content contained in your account. Sections 11 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) of the Terms, shall survive expiration or termination.
You agree not to hold OCI liable or responsible for any loss or damage incurred by you arising from, or in connection with the restriction, suspension, and/or termination of your Account.
“OCI APP” may provide, or third parties may provide, links to other World Wide Web sites or resources. OCI may have no control over the terms and conditions of such sites and resources and you acknowledge and agree that OCI is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify OCI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "OCI and Partners") from and against any third party claim arising from or in any way related to your use of “OCI APP” , violation of the Terms or any other actions connected with use of “OCI APP” , including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OCI will provide you with written notice of such claim, suit or action.
You expressly understand and agree that your use of the “OCI APP” is at your sole risk. OCI Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by law. OCI and its partners expressly disclaim all warranties and conditions of any kind, whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
OCI and its partners do not warrant that (i) “OCI APP” will meet your hardware, system or device requirements, (ii) “OCI APP” will be uninterrupted, timely, “OCI APP” will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through “OCI APP” will meet all your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of “OCI APP” is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from OCI or through or from “OCI APP” shall create any warranty not expressly state in these Terms.
You expressly understand and agree that OCI and its partners shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data, or other intangible losses (even if OCI and its partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use “OCI APP” ; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received of transactions entered into through or from the “OCI APP” ; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on “OCI APP” ; or (v) any other matter relating to the “OCI APP” Service.