Acceptance of the conditions of use
The present Conditions of Use regulate use of the Website that Online Media Bank makes available to the Users.
The Conditions of Use together with the Legal Notice, Data Processing and the Cookie Policy constitute as a whole the terms and conditions that govern the access to and use of the public part of the Website (the “Website Terms and Conditions”). After they sign the multichannel contract the Bank’s customers will have access to the private area of the website.
Access to and use of the Website by the User implies the User’s full acceptance of the Terms and Conditions for the Website and obligation to fully comply with them. Therefore, the User must carefully read the present Conditions of Use, as well as the rest of the Terms and Conditions for the Website on each occasion he or she intends to use the Website, since these may undergo modifications, and with the User being notified about these at the time of the new access.Online Media Bank reserves the right to update, modify, or eliminate the present Terms and Conditions for the Website.
Conditions of Use for the website
The User is obligated to make proper use of the Website, with proper use understood to mean that conforming with the legislation in effect, good faith, and public order. The User is also committed to refraining from use the Website for fraudulent purposes, and to refrain from any conduct that could damage the image, interests, or rights of Online Media Bank or of any third parties. The User is also committed to refraining from any act that has the intention of damaging or overloading the Website or otherwise making it unusable, or that in any way impedes the normal use and functioning of the Website.
The User is hereby informed that, in the case of non-compliance with any of the obligations derived from the Terms and Conditions for the Website or from any of the other individual terms or conditions found at the Website, Online Media Bank reserves the right to limit, suspend, or terminate the User’s access to the Website, adopting any technical measures that may be necessary for this purpose. Online Media Bank also reserves the possibility of exercising such measures under circumstances where there is reasonable suspicion that the User is violating any of the terms found in the Terms and Conditions of the Website or any other individual terms or conditions found on the Website.
Online Media Bank reserves the right to update, modify, or delete the information contained on the Website, including the contents and/or services integrated into it, and may limit or disallow access to such information at any time and without prior notice. Online Media Bank especially reserves the right to delete, limit, or prevent access to the Website when technical difficulties arise due to facts or circumstances beyond Online Media Bank control, and which, in the judgment of Online Media Bank, may decrease or invalidate the security levels or standards adopted for appropriate operation of the Website. For such purposes, Online Media Bank reserves the authority to, at any time, decide whether to continue with the information society services that it provides through the Website.
Contents of the Website
The intellectual and industrial property rights over the Website belong to Online Media Bank or its licensees, including the availability of its contents, the sui generis right over the underlying databases, the graphic design and User interface of the Website (look & feel), the underlying computer programs (including source and object codes), as well as the various elements integrated into the Website (texts, graphics, photographs, videos, sound recordings, etc.) (the “Contents”). Online Media Bank or its licensees also own the rights to the distinctive signs and symbols included on the Website (brands and trademarks).
Use of the Website by the User does not imply cession of any intellectual and/or industrial property rights over the Website, its Contents, and/or the distinctive symbols of Online Media Bank. Therefore, the current Conditions of Use, except under circumstances where legally permissible or with prior authorization from Online Media Bank, expressly prohibit the user from reproducing, transforming, distributing, publicly communicating, making available, extracting from, and/or reusing the Website, its Contents, and/or the distinctive symbols of Online Media Bank or those of any other third party that may be incorporated into the Website. Online Media Bank reserves the right to take legal action against Users who violate or infringe upon the intellectual and/or industrial property rights.
Online Media Bank grants authorization to use the Website to Users who respect the Terms and Conditions of the Website, with a non-exclusive nature, during the maximum period of validity of the intellectual and industrial property rights as established in the applicable legislation (except in cases where access to the Website has been suspended for justifiable cause), so that the User can use the Website in conformity with the present document.
Online Media Bank also DECLARES the following:
The information contained on the Website is for informational purposes, and does not provide any type of recommendation, nor may it be considered in any case as legal, fiscal, financial, investment, technical advice, or an offer or guarantee on the part of Online Media Bank, nor may it be understood as a recommendation to perform transactions, nor shall it represent the basis for making a decision in a certain direction. Online Media Bank a waives all liability for use of the information contained on the Website in such a way, and it must specifically be understood that said information, according to the regulations in effect in Saint Kitts and Nevis, is not targeted towards any Users acting under other jurisdictions of other countries that may require compliance with requirements regarding making this type of information available, distributing it, or publishing it.
The information provided by Online Media Bank on the Website does not represent a technical opinion of Online Media Bank.
Online Media Bank is not responsible for whether the information contained on the Website meets the User’s expectations. Online Media Bank is not responsible for the veracity, accuracy, sufficiency, integrity, or updating of information it has not produced itself and for which another source is indicated. Online Media Bank also does not accept liability for opinions or comments that may appear on the Website, since they may have been produced by the Users individually or may come from the sources indicated.
Online Media Bank reserves the right to update, modify, or delete the information contained on the Website under the terms indicated previously, and accepts no commitment to provide notification of changes or modify the contents. The User RECOGNIZES AND ACCEPTS the statements made by Online Media Bank above, and additionally, GUARANTEES compliance with all regulations that may be applicable to him or her in the condition of a User of this Website.
Establishing links with the Website
It is prohibited to establish links that lead to the Website, unless this has been previously authorized by Online Media Bank. In any case, once the linking has been authorized by Online Media Bank, it must take place under the following terms:
The link may not consist of frames that allow viewing of the Website via Internet addresses other than those of the Website, or that in any other way jointly display the information from the website with the information included on the other web pages.
The website that contains the link (the “Linking Site”) must not contain any type of false, inaccurate, or incorrect statements about the Website and/or Online Media Bank.
In no case does the authorization granted by Online Media Bank mean that: (i) Online Media Bank sponsors, collaborates with, verifies, or oversees the content and/or services provided via the Linking Site. (ii) Online Media Bank is in any way responsible for the contents of the Linking Site.
The Linking Site must faithfully comply with the Law, and may not in any case host content (whether its own or that of third parties) that: (i) is illegal, damaging to the rights of third parties, harmful, insulting, violent, inappropriate, or that in any other way contradicts common decency and social mores (pornographic, racist, etc.); (ii) gives or could give the User the false impression that Online Media Bank endorses, backs, adheres to, or in any other way supports the ideas, statements, or expressions of the issuer, whether legal or illegal; or (iii) is inappropriate or does not pertain to Online Media Bank activities.
In the event of failure to comply with any of the terms listed above, Online Media Bank will take the appropriate legal measures.
Linked sites
In order to help the User find further information, Online Media Bank may include various types of technical linking devices that allow the User to access other websites (the “Linked Sites”). In such cases, Online Media Bank acts as a provider of intermediary services, according to the contents of article 14 of Saint Kitts and Nevis’s Law on Information Society Services (LSSI in Saint Kitts and Nevis). According to the contents of the cited legislation, Online Media Bank will not be liable for the services and contents provided via the Linked Sites, unless it has effective knowledge of illegal content and has not deactivated the link with due diligence.
In no case does the existence of Linked Sites imply Online Media Bank recommendation, promotion, identification, or conformity with the statements, contents, or services provided via the Linked Sites. As a result, Online Media Bank does not accept liability for the contents of the Linked Sites, nor for their conditions of use or privacy policies. The User is solely responsible for verifying these and accepting them each time it accesses and uses such sites.
Reporting activities of an illegal or inappropriate nature
If the User or any other Internet user has knowledge that any type of information or content on the website, or provided through it, is illegal, or violates the rights of third parties, or is harmful, insulting, violent, inappropriate, contrary to the contents of the present Conditions of Use, or in any way contrary to common decency and social mores, said User may contact Online Media Bank and indicate the following information:
personal details for the person providing notification: name, address, phone number, and e-mail address;
description of the facts that reveal the illegal or inappropriate nature of the content or information, as well as the specific address where it is found;
under circumstances where the rights of third parties are violated, such as intellectual and industrial property rights, information on the holder of the infringed right must be provided if this is someone other than the person providing the notification. Furthermore, the document verifying ownership of the violated rights must be provided, and as applicable, the document verifying representation to act on behalf of the owner, when that owner is someone other than the person providing notification.
Receipt of the notification described in this clause by Online Media Bank shall not entail effective knowledge of the activities and/or contents indicated by the reporting person when this knowledge is not obvious or evident. In any case, Online Media Bank reserves the right to suspend or remove any contents that, even if not illegal, are contrary to the rules established in these Conditions of Use, after consideration the legal issues involved.
Responsibility of Online Media Bank
The User must be aware that communications performed through open networks are exposed to a variety of threats and may not be considered as secure. It is the User’s responsibility to adopt all appropriate technical measures to reasonably control these threats, including among others, possessing updated detection systems for malicious software such as viruses, Trojan horses, etc., as well as keeping security patches up-to-date in the corresponding browsers. For more information, you can view Online Media Bank Security Policy or contact your Internet service provider who will be able to provide you appropriate solutions for your needs. Within the maximum scope permitted by the applicable legislation, Online Media Bank waives liability for damages or losses caused to the User as a result of risks inherent to the media employed, as well as for those caused by vulnerabilities in the User’s systems and tools. Online Media Bank also does not guarantee the full security of its systems, and although appropriate security measures have been adopted, the existence of vulnerabilities cannot be fully eliminated and the User must therefore use caution when interacting with the Website.
In particular, Online Media Bank will not be liable for:
Damages or losses of any type caused to the User’s computer equipment by viruses, worms, Trojan horses, or any other harmful element.
Damages or losses of any type caused to the User by malfunctions or disconnections in the telecommunication networks that lead to suspension, cancellation, or interruption of the Website’s services while they are being provided. In relation to this, the User hereby recognizes that access to the Website requires services supplied by third parties that are beyond Online Media Bank control (for example: operators of telecom networks, access providers, etc.) where Online Media Bank is not in control of the reliability, quality, continuity, and operation. Online Media Bank is also not responsible for guaranteeing the availability of service.
Information from third parties in cases where Online Media Bank a is acting as an intermediary service provider in the sense defined by the LSSI, except when there was effective knowledge of the information and it was not removed.
Online Media Bank will also not be liable for damage or injury, whether direct or indirect, that the Users may suffer by improper use of this Website or its contents Online Media Bank does not assume any commitment to providing notification of changes to the content or to modifying it.
Personal data protection
Information regarding the processing of Users’ personal data owing to their use of the Website are contained in the Data Processing document.
Use of Cookies
Like other commercial websites, the Website uses a technology called “cookies”. Detailed information for the User about how Online Media Bank uses cookies is available in the Cookie Policy.
For more information, please see the Cookie Policy.
For further information on the cookies used in accessing and using Online Media Bank, please refer to the specific Cookie Policy.
Applicable law
Under section 33 of the Saint Kitts and Nevis Act on Services of the Information Society and Electronic Commerce, the information society services provided by Online Media Bank via the Website will be governed by the laws of Saint Kitts and Nevis. Therefore, Estonian legislation will be applicable to all legal issues that may involve the present Website or any disputes involving between the Registered User and Online Media Bank.
