Full Terms and Conditions
Terms of Use
Thank you for your interest in OceanDesign and its affiliated companies, collectively referred to as "OceanDesign," and the website, collectively referred to as the "Site." Please read these terms and conditions carefully. By accessing or using this website, or any services provided through it, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. If you do not agree with any of these terms, you should not use or access the website.
By visiting and using this Site, you affirm that you are capable of entering into legally binding contracts under the laws of your jurisdiction. If you do not agree with any of the terms, you should discontinue use of the Site immediately.
Account and Registration
To access certain features of the OceanDesign website, such as participating in the forum or making purchases, you may be required to register for an account. When creating an account, you will be asked to provide your email address or other contact information. You agree that the information you provide is accurate, complete, and up to date, and that you will keep it current.
Upon registration, you will be asked to choose a password. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you believe that your account or password has been compromised, you should notify us immediately.
Purchase; Additional Terms and Conditions
Purchasing goods or services from the OceanDesign website, as well as accessing certain parts of the Site, may be subject to additional terms and conditions. These additional terms are incorporated into these Terms of Use by reference. By using our website, you agree to comply with all such additional terms, including confirming that you are of legal age to access and use certain sections of the website or services provided.
In the event of a conflict between these Terms of Use and any specific terms applicable to particular sections of the website or services, you agree that these Terms of Use will take precedence and govern your use of those sections or services.
User Content
3.1 User Content Generally
Certain features of the website allow users to upload and share content, including messages, comments, photos, videos, images, folders, data, text, and other works (collectively referred to as "user content"). You retain ownership of the copyright and any other proprietary rights you may hold in the user content posted on this site.
3.2 Grant Limited License to OceanDesign
By submitting or posting user content, you grant OceanDesign a global, non-exclusive, royalty-free, fully paid-up license (with the right to sublicense) to host, store, transfer, display, perform, copy, modify the format for display purposes, and distribute your user content in whole or in part, in any media format, and through any media channels now known or later developed.
3.3 Limited License Granted to Other Users
By publishing or sharing your user content with other users of the site, you grant those users a non-exclusive license to access and use the user content in accordance with these Terms of Use and the features of the site.
3.4 User Content Representation and Warranty
You are solely responsible for your User Content and for any consequences of posting or publishing it. By submitting User Content, you confirm, represent, and warrant that:
a) You are the creator and owner of the User Content or have obtained the necessary permissions, rights, consents, and approvals to authorize Tesstudio and other users of the website to use and distribute your User Content as required under these terms, for the purposes outlined herein;
b) Your User Content and its use, as described in these Terms, will not:
(i) Infringe or misappropriate the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy, publicity rights, or any other intellectual property or ownership rights;
(ii) Defame, libel, slander, or violate the privacy, publicity, or other property rights of others;
(iii) Cause Tesstudio to violate any applicable laws or regulations.
3.5 User Content Disclaimer
Tesstudio is under no obligation to edit or monitor User Content posted or submitted by you or other users, and we assume no responsibility for such content. However, Tesstudio reserves the right to block, delete, edit, or restrict any User Content at our sole discretion, if we believe that it violates these terms or is otherwise offensive, without prior notice. You understand that when visiting this website, you may encounter User Content from various sources, and acknowledge that some content may be inaccurate, offensive, or inappropriate. You agree to waive, and do waive, any legal or equitable rights or remedies you may have in connection with User Content on the Site. We explicitly disclaim any liability for User Content. If a user or content owner notifies us of a potential violation of these terms, we may investigate the matter and decide, at our discretion, whether to remove the content. We reserve the right to take any action without prior notice. For clarity, Tesstudio does not tolerate copyright infringement on the site.
4.Use of the Site
By using this website and accepting these terms, you represent and warrant that your use of the website complies with all applicable laws, rules, and regulations. You agree not to use this website for any purpose other than as expressly permitted by these terms.
5.Prohibited Behavior
By using this website, you agree not to:
5.1 Access the Website for any illegal purpose or in violation of any local, state, national, or international law.
5.2 Engage in activities that may harm others or damage Tesstudio’s reputation for innovation.
5.3 Infringe upon or encourage others to infringe upon any third-party rights, including but not limited to violating the intellectual property rights or privacy rights of any third party.
5.4 Interfere with security-related functions of the website, including:
(a) Disabling or circumventing the ability to prevent or restrict the use or reproduction of any content;
(b) Reverse engineering or attempting to discover the source code of any part of the website, except where expressly permitted by applicable law.
5.5 Interfere with the operation of the website or disrupt the use of the website by any other user, including:
(a) Uploading or transmitting any viruses, adware, spyware, worms, or other malicious code;
(b) Making unsolicited offers or advertisements to other users of the website;
(c) Attempting to collect personal information about another user or a third party without their consent;
(d) Interfering with or disrupting any network, device, or server connected to or used to provide the website, or violating any regulations, policies, or procedures related to such networks, devices, or servers.
5.6 Engage in any fraudulent activity related to your access to the website, including impersonating any individual or entity, claiming a false affiliation, accessing another account without permission, or falsifying your age or date of birth.
5.7 Sell, transfer, or assign any access rights or materials (as defined in Section 10) granted under these Terms, or any right to view, access, or use any material.
5.8 Bypass any security or other features of this website, including attempts to harvest or mine user content, or access the site in ways inconsistent with personal use.
5.9 Use any robots, spam bots, spiders, crawlers, or other automated methods or interfaces not provided by us to access or extract data from this website.
5.10 Use, display, mirror, frame, or employ framing techniques to enclose the website or user content, except as expressly allowed by Tesstudio to embed parts of the website or content.
5.11 Access, tamper with, or use non-public areas of the website, the computer systems or infrastructure of Tesstudio (or its hosting partners), or the delivery systems of Tesstudio’s technology provider.
5.12 Engage in harassment, abuse, tracking, threats, defamation, or any action that violates or infringes the rights of any other party.
5.13 Sell, transfer, or otherwise assign any access rights or materials granted under these Terms or any right to view, access, or use any material.
If you violate any of these terms, your permission to access the website will automatically terminate. Additionally, Tesstudio may, at its sole discretion and without notice, terminate your account or suspend or terminate your access to the website for any reason or no reason at all. We also reserve the right to modify, suspend, or discontinue any part of the website or its features at any time, either temporarily or permanently, without any obligation to notify you.
We are not responsible for any changes to the website, nor for any suspension or termination of your access to it. Upon the termination or suspension of your account or access, you acknowledge and agree that you will lose access to any data or content that you have posted on the website. Tesstudio will not be liable to you for providing access to such data or content after termination or suspension.
Privacy Policy; Additional Terms
7.1 Privacy Policy
Please review the Tesstudio Privacy Policy carefully for details on how we collect, use, and protect your personal information. The Tesstudio Privacy Policy is incorporated into and forms an integral part of these Terms by reference.
7.2 Additional Terms
Your access to the Website is also subject to all other applicable terms, policies, rules, or guidelines ("Other Terms") that govern the use of specific parts of the Website, such as the Tesstudio Forum Rules or Tesstudio Store Terms of Sale. These additional terms are incorporated by reference and become an integral part of these Terms.
8.Modification of These Terms
We reserve the right to modify these terms at any time, at our sole discretion. Please review these terms regularly for updates. Any changes to these terms will take effect immediately upon posting. If we make substantial changes, we will endeavor to notify you beforehand. By continuing to use the website, you agree to be bound by the updated, amended, or modified terms. If you do not agree to the revised terms, you must immediately cease using the website. Any disputes arising under these terms will be governed by the version in effect at the time of the dispute.
9.Ownership; Exclusive Rights
This website is owned by Tesstudio Tech. All elements of the site, including but not limited to the visual interface, graphics, design, compilation, information, data, computer code, products, software, and services, are protected by intellectual property laws and other applicable laws. All materials on this site are the property of Tesstudio and its third-party licensors. Unless explicitly authorized by Tesstudio, you may not use these materials. Tesstudio reserves all rights not expressly granted in these terms.
10.Feedback
If you provide comments or suggestions about the website or any products or services offered by Tesstudio ("Feedback"), you grant Tesstudio an unlimited, perpetual, irrevocable, royalty-free, and fully paid-up license to use such feedback in any way, for any purpose, without the need to pay any compensation to you.
11.Compensation
You agree to defend, indemnify, and hold harmless Tesstudio and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "Tesstudio Entities") from any and all claims, liabilities, damages, losses, and costs (including reasonable attorney fees and costs) arising out of or in any way related to: (a) your access to or use of this website; (b) your breach of any provision of these Terms, any representations, warranties, or agreements made under these Terms, or any applicable law or regulation; (c) any infringement by you of third-party rights, including intellectual property, privacy, or other property rights; (d) any disputes or issues between you and any third party. We reserve the right to take full responsibility for and assume exclusive defense and control over any matter for which you are obligated to indemnify us, without limiting your indemnity obligation. In such cases, you agree to cooperate fully with us in the defense of such claims.
12.Disclaimer; No Warranty
This website, along with all materials and user content available through it, is provided "as is" and "as available," without any express or implied warranties or conditions. Tesstudio makes no representations or warranties regarding this website, including but not limited to:
(A) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
(B) any guarantees arising from the use or interaction with this website or its content.
Tesstudio does not guarantee that this website or any part of it, including materials or user content, will be uninterrupted, secure, error-free, or free from viruses or other harmful elements. Any such issues, if encountered, will be addressed as soon as possible.
The information or advice you receive from this website, whether written or oral, does not constitute any form of warranty unless explicitly stated. You accept full responsibility for any risks associated with using or accessing this website and its materials or user content. You acknowledge and agree that your use of this website is at your own discretion, and Tesstudio is not liable for any personal injury, death, property damage (yours or others'), or data loss that results from your use.
Notwithstanding the above, Tesstudio will not deny any warranty or rights that are prohibited by applicable law.
Dispute Resolution and Arbitration
13.1 General
To resolve any disputes between you and Tesstudio in the most efficient and cost-effective manner, both parties agree that all disputes related to these Terms will be resolved through binding arbitration. Arbitration is less formal than court proceedings and involves neutral arbitrators, rather than judges or juries. This means the discovery process may be more limited than in court, and the court's ability to review the arbitration outcome will also be restricted. The arbitrator is empowered to award the same types of damages and relief as a court. This arbitration agreement covers all claims arising out of or related to these Terms, whether based on contract, tort, fraud, misrepresentation, or any other legal theory, even if the dispute arises after these Terms are terminated. By agreeing to these Terms, you and Tesstudio waive the right to a trial or class action in court.
13.2 Exceptions
Despite the provisions in section 13.1, nothing in these Terms limits or waives either party’s rights to:
(a) initiate a personal action in small claims court;
(b) pursue enforcement actions through applicable federal, state, or local agencies;
(c) seek injunctive relief in court;
(d) file a lawsuit in court for intellectual property infringement claims.
13.3 Arbitrator
Any arbitration between you and Tesstudio will be conducted under the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (AAA), including the Supplementary Procedures for Consumer-Related Disputes ("AAA Rules"). The arbitration will be administered by the AAA. The rules and filing forms for AAA can be accessed online at www.adr.org, by calling AAA at 1-800-778-7879, or by contacting Tesstudio directly.
13.4 Notification; Handling
The party wishing to initiate arbitration must first send a written notice of the dispute to the other party. This notice must be sent via certified mail or FedEx (with signature required), or by email if the recipient has not provided a valid physical address. The notice must be sent to Tesstudio at: Room B415, 4th Floor, No. 65, Zhuji Road, Tianhe District, Guangzhou, Guangdong, 510660, China. The notice should:
(a) describe the nature and basis of the claim or dispute;
(b) state the specific remedy sought (the "demand").
Both parties will make a good-faith effort to resolve the dispute directly. However, if an agreement is not reached within 30 days after receiving the notice, either party may initiate the arbitration process. During arbitration, any settlement offer made by either party must be disclosed to the arbitrator after the final decision is issued. If the arbitration resolves the dispute in your favor, Tesstudio will pay you the highest of the following: (i) the amount awarded by the arbitrator (if any); (ii) any settlement amount provided by Tesstudio before the arbitrator’s decision; or (iii) $1,000.
13.5 Costs
If you initiate arbitration under these Terms, Tesstudio will reimburse you for the application fee you paid, unless your claim exceeds $10,000, in which case the payment of all fees will be governed by AAA rules. The arbitration will take place in Orlando, Florida, USA, unless the claim amount is $10,000 or less, in which case you may choose one of the following options for arbitration:
(a) arbitration based solely on submitted documents;
(b) arbitration via a telephone hearing without the parties present;
(c) a face-to-face hearing at the county (or parish) of your billing address.
If the arbitrator finds that your claim is trivial or was made for improper purposes, you agree to repay all amounts paid by Tesstudio, as required under AAA rules. Regardless of the arbitration method, the arbitrator must provide a written decision, explaining the key points and reasoning for the decision and any award. The arbitrator may also issue a ruling on any disputes regarding fees or costs within 14 days after the merits of the case are decided.
13.6 No Class Actions
YOU AND TESSTUDIO AGREE THAT CLAIMS MAY ONLY BE BROUGHT AGAINST THE OTHER IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. Unless both you and Tesstudio agree otherwise, the arbitrator may not combine multiple claims into one or handle them as part of a representative or class action.
13.7 Modifications of This Arbitration Provision
If Tesstudio changes this arbitration provision (except for changes to the address for notices), you can reject the change by sending written notice to Tesstudio within 30 days. In that case, your account will be terminated immediately, and the arbitration provision in effect before the change you rejected will continue to apply.
13.8 Enforceability
If Section 13.6 is found to be unenforceable, or if the entire Section 13 is unenforceable, the rest of Section 13 (except Section 13.6) will become null and void. In this case, the parties agree that any legal action related to these Terms will be governed by the exclusive jurisdiction and venue outlined in the following section.
By visiting this website, you consent to receiving electronic communications from us, as outlined in our privacy policy. Please review our privacy policy to understand our practices regarding electronic communications. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will fulfill any legal communication requirements, including those that would normally require a written format.
15.Contact Information
You can contact us by sending a communication to the address provided on our website, or by emailing us at service@odcarbon.com.
Governing Law
These Terms of Service, along with any separate agreements through which we provide you Services, shall be governed by and interpreted in accordance with the laws of Hong Kong (HK).