| Terms of Use |
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Upon registration as a user of TitanOasis the user (hereinafter referred to as the "User") acknowledges and agrees that these Terms of Use (hereinafter referred to as the "Terms") shall be binding to the contractual relationship between the User and TitanOasis.
TitanOasis offers the services exclusively to natural persons of legal age who is either company executive or individual. |
General |
1.1 The TitanOasis-Websites offer two alternatives of use to registered users: (i) platform for company executive to submit business demand (hereinafter referred to as the "seeder"), and (ii) platform for individual to work on project (hereinafter referred to as the "titan").
1.2 Any use of any of the services and/or contents offered on the TitanOasis-Websites in excess of the scope of use as provided by TitanOasis is inadmissible without the prior written consent of TitanOasis.
1.3 TitanOasis shall make available all data and/or information provided by the User, unless said data and/or information breaches (i) any applicable law or statute or (ii) any of the terms of these Terms. TitanOasis is entitled to remove any data and/or information not in compliance with the foregoing provision without giving prior notice to the User.
1.4 The User acknowledges and agrees that it is technologically impossible to achieve a 100 %-availability of the TitanOasis-Websites. TitanOasis shall strive to constantly provide the TitanOasis-Websites to the extent possible. Events such as for example maintenance works, safety or capacity requirements, and/or events beyond TitanOasis's reasonable sphere of control (e.g. disruptions in public communication networks, power failures etc.), may result in short disturbances or in temporary interruptions of the services provided on the TitanOasis-Websites. |
Representations and Warranties upon Registration |
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2.1. The User must register prior to using any of the services on the TitanOasis-Websites.
2.2. The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to TitanOasis without undue delay.
It is inadmissible for the User to use pseudonyms or pen names.
2.3. The User warrants and represents,
- that the User is of legal age at the time of registration,
- that the seeder's professional status is company executive, the titan is individual who would like freelancing.
- that the User uses the TitanOasis-Websites exclusively in the User's commercial activities.
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2.4. The User shall select a password upon registration. The User is obliged to keep the password secret. TitanOasis shall not disclose the password to any third party and TitanOasis shall not request the User's password at any time.
2.5. The User is entitled to register only once, and the User may only establish one user profile.
2.6. It is technologically impossible for TitanOasis to determine with certainty whether any user registered with TitanOasis is in fact the person which such user represents to be. TitanOasis does not warrant nor represent the correctness of any user's represented identity, and each user is solely responsible to check the correctness of the identity of any other user. |
Obligations of the User |
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3.1. The User is obliged
3.1.1 . to provide true and non-misleading statements in the User's profile and in the User's communication with TitanOasis employees or other TitanOasis users, and to refrain from using any pseudonyms or pen names.
3.1.2 to comply, when using the contents and services on the TitanOasis-Websites, with all applicable laws and statutes, including without limitation all intellectual property rights and any other rights of any third party. In particular, without limitation, the User shall not,
- use any insulting or defamatory contents, regardless of whether said contents addresses any other user or any personnel of TitanOasis or any other companies,
- use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and the User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors,
- unreasonably disturb any other user, in particular by using SPAM
- use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
- use or promote any unfair competition commercial practices, including without limitation progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).
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3.1.3 to refrain from undertaking any of the following molesting actions, even if they do not constitute a breach of any applicable laws or statutes:
- Performing, advertising and promoting any form of multi-level marketing, or
- Using any insinuating or sexual communication, neither suggestive nor explicit.
3.2. The following actions are inadmissible to the User:
- Use of any mechanisms, software or scripts in connection with the use of the TitanOasis-Websites. However, the User may use the interfaces or software provided by TitanOasis within the scope of the services available on the TitanOasis-Websites.
- Blocking, overwriting, modifying and copying of any contents of the TitanOasis-Websites, unless said actions are mandatory for the proper use of the services on the TitanOasis-Websites.
- Distributing or publicly displaying the contents of any of the websites of TitanOasis or any other user,
- Performing any actions which may impair the operability of TitanOasis' infrastructure, including without limitation actions which may unreasonably overload said infrastructure.
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Changes in the Website Services |
TitanOasis reserves the right to modify the services offered on the TitanOasis-Websites and/or to offer different services than the ones offered at the time of the User's registration at any time, to the extent reasonable to the User. |
Termination of User |
5.1. The User may terminate the seeder or titan at any time without cause. The User may deliver notice email of termination via the link "Contact Us" accessible from the TitanOasis-Websites. The termination notice shall include the registered name of the User and an e-mail address of the User registered on the TitanOasis-Websites.
5.2. TitanOasis may terminate the contract in accordance with the applicable laws and statutes. If TitanOasis terminates the contract for good cause, TitanOasis may do so without any term of notice. A good cause is defined as an event, which makes it unacceptable for TitanOasis to continue the contract until the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of TitanOasis against the User's. A good cause includes without limitation any the following events:
- If the User does not comply with any applicable law or statute,
- If the User breaches a contractual obligation,
- If the reputation of the services offered on the TitanOasis-Websites is substantially impaired by the online-presence of the User (if, for example, it turns out after the registration of the User that the User had been convicted legally binding of a criminal offense, and if said conviction is known to other users),
- If the User promotes any communities or associations (or any of their methods or activities) under observation by the competent authorities for the public safety or the protection of minors, or
- If the User causes damage to any other user(s).
5.3. In the event of a good cause in accordance with Section 5.2 and notwithstanding TitanOasis 's right to terminate the contract , TitanOasis is entitled to:
- delete the contents provided by the User,
- issue a warning,
- block the User's access to the services on the TitanOasis-Websites.
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Responsibility for Data and/or Information provided by the User |
6.1. TitanOasis does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the TitanOasis-Websites or on any external websites linked to. In particular, without limitation, TitanOasis does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose(s).
6.2. The User may report any activities of any other user(s) not in compliance with (i) the applicable laws or statutes or (ii) any of the terms and conditions of these Terms using the link¡°
Contact Us
¡± accessible from the TitanOasis-Websites. |
Indemnification |
7.1 The User warrants and represents that any contents, data and/or information in the services of the TitanOasis-Websites provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these Terms, when using the TitanOasis-Websites. The User shall indemnify and hold TitanOasis harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. TitanOasis reserves all further rights and claims for damages.
The User's obligations under this Section 7.1 shall not apply to the extent the relevant infringement is not attributable to the User.
7.2 In the event the contents provided by the User infringes any rights of any third party, the User shall, at its own expense and at TitanOasis' discretion, either provide TitanOasis with the right to use said contents or render said contents free of any infringement. In the event the User breaches any applicable laws or statutes or any of the terms and conditions of these Terms, when using the TitanOasis-Websites, the User shall refrain from such unlawful or contrary to contract usage without delay, if so requested by TitanOasis. |
Privacy Protection |
TitanOasis acknowledges and agrees that any data provided by the User to TitanOasis is extremely important to the User and TitanOasis shall therefore be particularly sensitive in dealing with said data. TitanOasis shall adhere to all applicable statutory provisions regarding data protection (China Data Protection Laws and any other applicable laws and statutes on data protection). In particular, TitanOasis shall not disclose any personal data of the User to any third party without being entitled to do so. Details on TitanOasis' treatment of the User's data are set forth in the Privacy Protection of TitanOasis accessible from the TitanOasis-Websites.
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Final Provisions |
9.1. The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.
9.2. TitanOasis reserves the right to amend these Terms at any time, without giving reasons, unless an amendment is unreasonable to the User. TitanOasis shall give due notice of any amendments of these Terms to the User. If the User does not object to the applicability of the revised Terms within four weeks after receipt of said notice, the amended Terms shall be deemed to be accepted by the User. TitanOasis shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
9.3. Unless otherwise stated in these Terms, the User may submit all notices to TitanOasis using the link" Contact Us" accessible from the TitanOasis-Websites, by any way. TitanOasis may submit notices to the User by e-mail, facsimile or letter post to the addresses the User has provided as the User's current contact data in the User's user account.
9.4. If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
9.5. The place of delivery of any obligations and/or performances under these Terms shall be TitanOasis' main place of business.
9.6. To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these Terms and/or the contractual relationship between the parties shall be TitanOasis' main place of business. These Terms and the contractual relationship shall be governed exclusively by the applicable laws and statutes of China . |
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