Terms Of Use

The following terms and conditions govern the use of “The Orocean Journal™” website, and its blog sites including all the contents, services and products available at or through the website.

“The Orocean Journal™” owns and operates this website. You can access this website for free, but subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, “The Orocean Journal™” Privacy Policy) and procedures that may be published from time to time on this site by “The Orocean Journal™”, (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. “The Orocean Journal™” offers the terms and conditions and acceptance is limited to the following:

1. Copyright Infringement and DMCA Policy. As “The Orocean Journal™” asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that a material located on or linked to by this site violates your copyright, you are encouraged to notify “The Orocean Journal™” in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. “The Orocean Journal™” will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of “The Orocean Journal™” or others, “The Orocean Journal™” may, in its discretion, terminate or deny access to and the use of the website. In the case of such termination, “The Orocean Journal™” will have no obligation to provide a refund of any amount the infringing user may incur in whatever way.

2. Intellectual Property. This Agreement does not transfer from “The Orocean Journal™” to you any intellectual property of “The Orocean Journal™” or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with “The Orocean Journal™”. “The Orocean Journal™” website and its blog sites, their logos, and all other trademarks, service marks, graphics and logos used in connection with “The Orocean Journal™” are trademarks or registered trademarks of “The Orocean Journal™”. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any of the “The Orocean Journal™” or third-party trademarks.

3. Changes. “The Orocean Journal™” reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. “The Orocean Journal™” may offer also, in the future new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

4. Disclaimer of Warranties. The Website is provided “as is”. “The Orocean Journal™” and its partners, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither “The Orocean Journal™” nor its partners, suppliers and licensors, makes any guarantee that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk. “The Orocean Journal™, disclaims any liability or responsibility arising from the use of and the contents therein of the web site. “The Orocean Journal™, its staff, and/or contractors, and/or advertising agencies shall not be liable for any financial or other consequences whatsoever arising from the use of the content of the web site, including the inappropriate, improper, or fraudulent use of such content.

5. Limitation of Liability. In no event will “The Orocean Journal™” or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory. For instance, any special, incidental or consequential damages; the cost of procurement or substitute products or services; interruption of use or loss or corruption of data including but not limited to VIRUS attack. “The Orocean Journal™” website definitely abhors the proliferation of VIRUS contaminants in the internet and does not allow itself to be a means of transporting such terroristic action. However, “The Orocean Journal™” cannot guarantee that any third party connection or link is safe from any VIRUS infection. Therefore, “The Orocean Journal™” shall have no liability for any failure, corruption of data or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

6. General Representation and Warranty. You represent and warrant that one, your use of this website will be in strict accordance with “The Orocean Journal™” Privacy Policy, with this Agreement and with all applicable laws and regulations. This includes without limitation to any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content. This includes without limitation to all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside and two, your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

7. Indemnification. You agree to indemnify and hold harmless “The Orocean Journal™, its contractors, and its licensors from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this website, including but not limited to out of your violation of this Agreement.

8. Links to other Web Sites. “The Orocean Journal™” may contain links to other web sites that are not under its influence or control. These links are provided merely as a convenient access to related topics. However, the inclusion of such links does not necessarily mean an endorsement or advocacy or approval by “The Orocean Journal™. “The Orocean Journal™” does not assume any responsibility or liability in respect of such web sites, including, for example, responsibility or liability for the accuracy or reliability of any information, data, opinions, advice or statements made on those web sites.

8. Miscellaneous. This Agreement constitutes the entire agreement between “The Orocean Journal™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of “The Orocean Journal™, or by the posting by “The Orocean Journal™ of a revised version. Except to the extent of applicable law, if any, provides otherwise in this Agreement, any access to or use of the website will be governed by the laws of the Philippines, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be in the Philippines. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in any Philippine court, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; “The Orocean Journal™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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