1. WEBSITE AND SERVICES
1.2 This Website is offered on an AS IS, AS AVAILABLE and WITH ALL FAULTS basis, and your use of this Website or its contents or of any materials linked to from this Website is at your own risk. OZMO disclaims all
responsibility and liability for the availability, timeliness, security, accuracy or reliability of the Website, its contents or related services.
1.3 OZMO is neither a lawyer nor a law firm, and the Website and its Contents, including any services offered through the website, are not intended to and do not constitute legal advice. No attorney-client relationship is formed between you and OZMO or any OZMO employee, representative or other contributor to this Website.
1.4 The Website may contain links to third party websites that are not owned or controlled by OZMO. OZMO assumes no responsibility for the content, policies or practices of any such third party site. By using the Website, you expressly relieve OZMO from any and all liability relating to your use of any third party website.
1.5 You are responsible for obtaining access to the Website and any associated third party fees (such as Internet service provider or airtime charges). You are also responsible for obtaining all equipment necessary to access the Website and any associated costs.
1.6 OZMO reserves the right to modify, suspend or discontinue the Website or related services with or without notice at any time and without any liability to you. OZMO further reserves the right to refuse access or service to anyone at any time without notice for any reason.
2. USE OF THE WEBSITE
2.1 While all users of the Website are free to browse and view those portions of the Website that do not require registration, you must register and accept the terms of the Membership Agreement to access members-only portions of the Website and participate in the services (the “Services”) offered by OZMO through the Website. You may not register for
an account or use the Services unless you are at least 18 years of age. By registering for an account, you represent that you are at least 18 years of age. You agree that any registration information you give to OZMO will always be complete, accurate and up to date.
2.3 You agree that you will use the Website in compliance with all applicable local, state and national laws, rules and regulations, including all United States export control laws and any other laws regarding the transmission of technical data exported from your country of residence.
(a) upload, post, email, transmit or otherwise make available
any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
or that would constitute or encourage a criminal offense, or give rise to liability or violate any local, state or federal law, the regulations of the U.S. Securities and Exchange Commission or any similar agency in any other country, or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally;
(b) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
(c) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website, any computer software or hardware or telecommunications equipment;
(d) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(f) circumvent, disable or otherwise interfere with security-related features of the Website;
(g) download or replicate, through the use of a software program or otherwise, all or any substantial portion of the Content on the Website;
(h) reproduce, duplicate, copy, sell, trade, or sell access to or use of the Website or the Services or any portion thereof on another website; or
2.5 You agree not to use or launch, without the prior written consent of OZMO, any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that
sends more request messages to the OZMO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, OZMO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. OZMO reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names, from the Website, nor to use the communication systems provided by the Website (e.g., internal email or chat features) for any commercial solicitation purposes except as expressly authorized by OZMO.
2.6 Your correspondence or business dealings with other users or other third parties found on or through the Website, including, without limitation, any licensing or other transactions with respect to copyrighted works, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third party. You agree that OZMO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
3. USE OF OZMO CONTENT
granted in and to the Website and the Content.
3.2 You understand that, when using the Website, you will be exposed to Content from a variety of sources, and that OZMO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, in or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
Your access to, reliance on or use of any Content is entirely at your own risk. You agree to waive, and hereby do waive, any legal or equitable claims, rights or remedies you have or may have against OZMO with respect thereto.
4. LICENSE TO CONTENT YOU SUBMIT
4.1 Certain portions of the Website may allow you to post or submit content for use on the Website or in the Service. Except to the extent expressly granted to OZMO or to another user of the Service, you will retain all rights in and to any content you post or submit to the Website.
4.2 When you post or submit any content to the Website, you automatically grant to OZMO a royalty-free, fully paid-up, worldwide, perpetual, irrevocable, non-exclusive right and license (with right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such content in connection with the Service, including, without limitation, for promoting the Service and
Membership Agreement (provided that no user may download or replicate, through the use of a software program or otherwise, all or any substantial portion of the content on the Website). You agree that you are not entitled to any compensation or reimbursement of any kind from OZMO or other users of the Website under any circumstances in connection with the licenses granted herein. You further agree
that you shall have no recourse against OZMO for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or any content you upload or submit. By posting or submitting any content, you represent and warrant that you have the rights necessary to grant the licenses granted hereunder and the use of such content as contemplated herein will not violate applicable law or the rights of any third party.
To be clear, the licenses granted by you under this Section are separate and distinct from the licenses granted under any Commercial Use Licenses purchased through the Service with respect to your works, and this Section does not in any way restrict you from charging and collecting fees from users who purchase such Commercial Use Licenses.
4.5 You understand that the Website is a public forum and any content (including personal information) you post or submit to the Website may be accessible to other users. OZMO cannot and does not guarantee confidentiality with respect to any such content.
5. INTELLECTUAL PROPERTY AND TAKEDOWN; RESPONSE PROCEDURES
5.1 OZMO respects the intellectual property rights of others and does not permit infringement of copyright or other intellectual property rights on its Website. It is our policy to respond promptly to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law.
For more information, please consult our Intellectual Property Policy at: IP Policy.
5.2 In addition to our policy with respect to infringement, it is our policy to respond promptly to any complaints of defamation, invasion of privacy, harassment, and other alleged violations of the law that take place on the Website of through the Service. We encourage you to notify us immediately of any such complaint email@example.com.
6. ENFORCEMENT OF POLICIES
8. ERRORS AND CORRECTIONS
OZMO does not promise that this Website, the Services or any Content is or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. OZMO does not promise that any Content is or will be correct, accurate, timely, or otherwise reliable. OZMO may make improvements and/or changes to all or any part of the Website, the Services or the Content at any time.
9. ATTORNEY ETHICS NOTICE
If you are an attorney participating in any aspect of this Website, including but not limited to comments sections or message boards, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not
limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. OZMO disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any interactive area on this Website you will not offer legal advice, but will only provide general information.
THIS WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS. OZMO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
OZMO IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR RELIANCE ON THIS WEBSITE, THE CONTENT, THE SERVICES, ANY INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS, OPINIONS OR OTHER INFORMATION APPEARING OR LINKED TO ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, OZMO IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES)
RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF, (b) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, (c) ANY THIRD PARTY WEB SITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS THEREIN OR OMISSIONS THEREFROM, (d) ANY CORRESPONDENCE OR BUSINESS DEALINGS BETWEEN YOU AND OTHER USERS OR THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LICENSING OR OTHER TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY, (e) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (f) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT,(g) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE CONTENT ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (h) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT, (i) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH OZMO OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER,OR (j) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER OZMO KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR LIABILITY IS LIMITED TO THE GREATER OF (a) THE TOTAL FEES, IF ANY, YOU PAID TO OZMO IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (b) $100.
The Website is controlled and offered by OZMO from its facilities in the United States of America. OZMO makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and at their own risk and are responsible for compliance with local law.
materials accessible in connection therewith, (c) any correspondence or business dealings between you and any third party found through the Website, including without limitation any licensing or other transaction between you and another user or other third party, or (d) any claim that any content provided or made available by you caused damage or loss to a third party.
13. THIRD PARTY RIGHTS
14. GOVERNING LAW AND JURISDICTION
New York, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
15. WAIVER AND SEVERABILITY OF PROVISIONS