Terms and Conditions
Welcome to TRYOTO.COM (“OTO” or the “Company”) (the “Website”). By accessing, browsing or using our Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Terms”). Please review these Terms carefully before using the Website. Do not continue to use the Website if you are unwilling or unable to be bound by the Terms stated on this page.
OTO may, without notice to you, modify the Terms at any point in time any other information contained on the Website. You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
1. DEFINITIONS
A. Parties
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
B. Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Company Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than OTO or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and OTO Content.
C. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. COOKIES
We employ the use of cookies. By accessing our Website, you agree to use cookies in agreement with OTO's Privacy Policy. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies.
3. CONTENT
A. Ownership
OTO owns all Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. Unless otherwise stated, OTO and/or its licensors own the intellectual property rights for all materials on the Website. All intellectual property rights are reserved. You may access this from the Website for your own personal use subjected to restrictions set in these Terms. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the OTO Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us. We do not grant you any express or implied rights, and all rights in and to the Website and the OTO Content are retained by us.
B. Advertising
OTO and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
C. Other
User Content (including any that may have been created by users employed or contracted by OTO) does not necessarily reflect the opinion of OTO. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4. YOUR USE OF THE WEBSITE
A. Eligibility
To access or use the Website, you must be eighteen (18) years or older, and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours, or if we have previously banned you from the Website, or closed your account.
B. Permission to Use the Website
We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk.
C. Website Availability
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
E. Mediums of Communications
By creating an account, you agree to receive certain communications in connection with the Website. For example, you might receive compliments or friend requests from other Users. You will also receive our e-mail newsletter about happenings in our business.
You represent and warrant that :
We are entitled to all of the rights to the content that you post on our Website and have all necessary licenses and consents to do so; that the comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. OTO reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms.
By posting content or submitting material, and unless we indicate otherwise, you hereby grant OTO a non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, display, and authorize such content for others to use, reproduce and edit any of your comments throughout the world in in any media now known or later developed.
F. Your Privacy
OTO’s Privacy Policy, as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference.
5. RESTRICTIONS
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and shall not assist, encourage, or enable others to use the Website to:
• Violate our Terms, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
• Violate our Terms, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
• Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
• Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with a Business Account and as expressly permitted by OTO;
• Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website’s search results or any third-party website;
• Solicit personal information from minors, or submit or transmit pornography; or
• Violate any applicable law.
B. You also agree not to, and shall not assist, encourage, or enable others to:
• Modify, adapt, appropriate, reproduce, republish, duplicate or copy material, distribute, redistribute Content, translate, create derivative works or adaptations of, publicly display, sell, rent or sub-license material, trade, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by OTO;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Website Content;
• Reverse engineer any portion of the Website;
• Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
• Record, process, information about other users;
• Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
• Reformat or frame any portion of the Website;
• Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
• Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
• Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
• Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
6. TERMINATION
A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Website, and providing OTO with a notice of termination.
B. We may close your account, suspend your ability to use certain portions of the Website, and/or ban you altogether from the Website for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Website, Your Content, Website Content, or any other related information.
7. GOVERNING LAW
By visiting OTO Website, you acknowledge that the laws of Netherlands will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and OTO (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF COURT IN The Kingdom of Saudi Arabia
PERLINKING TO OUR CONTENT
A. The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
B. These organizations mentioned under Paragraph A, may link to our home page, to publications or to other Website information, as long as the link:
a. is not in any way deceptive;
b. does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
c. fits within the context of the linking party’s site.
C. We may consider and approve other link requests from the following types of organizations:
• Commonly-known consumer and/or business information sources;
• dot.com community sites;
• Associations or other groups representing charities;
• Online directory distributors;
• Internet portals;
• Accounting, law and consulting firms; and
• Educational institutions and trade associations.
D. We may approve link requests from these organizations mentioned under Paragraph C, if we decide that:
a. the link would not make us look unfavorably to ourselves or to our accredited businesses;
b. the organization does not have any negative records with us;
c. the benefit to us from the visibility of the hyperlink compensates the absence of OTO; and
d. the link is in the context of general resource information.
E. These organizations mentioned under Paragraph C, may link to our home page so long as the link:
a. is not in any way deceptive;
b. does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
c. fits within the context of the linking party’s site.
F. If you belong to the organizations mentioned under Paragraph C above, and are interested in linking to our website, you must inform us by sending an e-mail to OTO. The e-mail should include your name, your organization name, contact information, the URL of your Website, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our Website to which you would like to link. We shall respond within two (2) to three (3) weeks.
G. However, any approved organization may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
8. IFRAMES
You may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website without our prior written approval.
9. CONTENT LIABILITY
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
10. RESERVATION OF RIGHTS
A. We reserve the right to request that you remove all links to our Website. You approve to immediately remove all links to our Website upon request. By continuously visiting our Website, you agree to be bound to and follow these Terms.
B. We also reserve the right to amend these Terms and it’s linking policy at any point in time
11. REMOVAL OF LINKS FROM OUR WEBSITE
A. If you find any link on our Website that is offensive for any reason, you have the right to contact and inform us at any moment. We will consider requests to remove links, however, we shall not be obligated to remove such links, or to respond to you directly.
B. We do not ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.
12. INDEMNITY
You agree to indemnify, defend, and hold OTO, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "OTO Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Website, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity OTO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of OTO. Additionally, OTO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF OTO ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE OTO ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE OTO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE CONTENT. ACCORDINGLY, THE OTO ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.
B. OTO ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE WEBSITE OR THE WEBSITE’S USERS. ACCORDINGLY, OTO ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
C. OTO ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF OTO ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
E. OTO ENTITIES DISCLAIM LIABILITY AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO OUR WEBSITE AND THE USE OF THIS WEBSITE FOR (I) DEATH OR PERSONAL INJURY; FOR (ii)INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (iii) LOSS OF PROFITS, (iv) BUSINESS INTERRUPTION, (v) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA; (vi) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
F. THE LIMITATIONS AND PROHIBITIONS OF LIABILITY SET IN THIS SECTION AND ELSEWHERE IN THIS DISCLAIMER GOVERN ALL LIABILITIES ARISING UNDER THE DISCLAIMER, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT AND FOR BREACH OF STATUTORY DUTY.
G. PARTS OF THIS WEBSITE OFFER AN OPPORTUNITY FOR USERS TO POST AND EXCHANGE OPINIONS AND INFORMATION IN CERTAIN AREAS OF THE WEBSITE. HOWEVER, OTO DOES NOT FILTER, EDIT, PUBLISH OR REVIEW COMMENTS PRIOR TO THEIR PRESENCE ON THE WEBSITE. COMMENTS DO NOT REFLECT THE VIEWS AND OPINIONS OF OTO, ITS AGENTS AND/OR AFFILIATES. COMMENTS REFLECT THE VIEWS AND OPINIONS OF THE PERSON WHO POST THEIR VIEWS AND OPINIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OTO SHALL NOT BE LIABLE FOR THE COMMENTS OR FOR ANY LIABILITY, DAMAGES OR EXPENSES CAUSED AND/OR SUFFERED AS A RESULT OF ANY USE OF AND/OR POSTING OF AND/OR APPEARANCE OF THE COMMENTS ON THIS WEBSITE.
H. AS LONG AS THE WEBSITE AND THE INFORMATION AND SERVICES ON THE WEBSITE ARE PROVIDED FREE OF CHARGE, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE.
14. GENERAL PROVISIONS
A. We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. Any failure on OTO's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
D. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
E. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with OTO's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
