Your relationship with us

Welcome to the Exon Oceanic Abyss Website (the “Website”).

We are a corporation established in Norway with head quarter office in Henrik Ibsensgate 4, 0255 Oslo, Norway.

You are reading the terms of use which govern the relationship and serve as an agreement between you and Exon Oceanic Abyss (Exon Oceanic Abyss,” “we” or “us”) for your use of our Website (the “Terms”). These Terms do not seek to deal with the supply of goods or services from us to you.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

Accepting the Terms

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You understand and agree that we will treat your use of the Website as acceptance of the Terms from that point onwards.

We recommend that you print or save a local copy of the Terms for your records.

Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Website, or when there are regulatory changes. You must look at the Terms regularly to check for such changes. Your continued use of the Website after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Website.

Your use of our Website

Your use of our Website is subject to these Terms and all applicable laws and regulations. You may not:

• modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on our Website, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Website or any derivative works thereof;
• distribute, license, transfer or sell, in whole or in part, any of the Website or any derivative works thereof;
• market, rent or lease the Website for a fee or charge, or use the Website to advertise or perform any commercial solicitation;
• interfere with or attempt to interfere with the proper working of the Website, disrupt any networks connected to the Website, or bypass any measures we may use to prevent or restrict access to the Website;
• incorporate the Website or any portion thereof into any other program or product. We reserve the right to refuse service, terminate accounts or limit access to the Website in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Website;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Exon Oceanic Abyss or the Website;
• use the Website in a manner that may create a conflict of interest or undermine the purposes of the Website; or
• use the Website to upload, transmit, distribute, store or otherwise make available in any way:
• files that contain viruses or other material that is malicious or technologically harmful;
• any material which does or may infringe any copyright, trademark or other intellectual property rights of any other person;
• any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
• any content that would constitute, encourage or provide instructions for a criminal offence; or
• content that, in the sole judgment of Exon Oceanic Abyss, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Exon Oceanic Abyss or its users to any harm or liability of any type.

Copyright

We respect intellectual property rights and ask you to do the same. As a condition of your use of the Website, you agree not to use the Website to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes any copyrights or other intellectual property rights.

Content

All content on the Website is either owned or licensed by Exon Oceanic Abyss. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

We make no representations, warranties or guarantees, whether express or implied that the content on our Website is accurate, complete or up to date. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Timeliness of information

All press releases and other information contained in this Website were, to the best of Exon Oceanic Abyss’s knowledge, timely and accurate when issued. However, the passage of time can render all things stale, and Exon Oceanic Abyss is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained in this Website.

Financial information

Financial information about Exon Oceanic Abyss shown on this Website is current only as of the date specified. Exon Oceanic Abyss disclaims any obligation to update or correct financial information as the result of financial, business or any other developments occurring after the specified date.

Indemnity

You agree to defend, indemnify and hold harmless Exon Oceanic Abyss, its subsidiaries and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Exclusion of warranties

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

The Website is provided “as is”, and we make no warranty or representation to you with respect to it. In particular we do not represent or warrant to you that:

• your use of the Website will be uninterrupted, timely, secure or free from error; and
• any information obtained by you as a result of your use of the Website will be accurate or reliable (see above).

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons at any time without notice.

Limitation of liability

Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

Subject to the paragraph above, and to the fullest extent permitted by law, we shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Website site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Other terms

Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Norwegian law. You and we both agree that the courts of Norway will have exclusive jurisdiction.

Entire Agreement. These Terms constitute the whole legal agreement between you and Exon Oceanic Abyss and govern your use of the Website and completely replace any prior agreements between you and Exon Oceanic Abyss in relation to the Website.

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.