Access to and use of the materials on OZ Communications Inc.’s (“OZ”) Web site (the “OZ Website”) which may include information, data, artwork, text, animations, video, audio, or pictures (collectively, "Materials") are subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OR ACCESS OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THE OZ WEBSITE OR DOWNLOAD ANY OF ITS MATERIALS.
The OZ Website and its Materials are subject to change at any time without notice. We invite you to visit this page from time to time to review the then-current terms as they are and will remain binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on the OZ Website.
A. Use of Material on the OZ Website: The Materials contained on or accessible through the OZ Website are protected by copyright, and are owned or controlled by OZ and any others which may own copyright or the party credited as the supplier of the content. All visitors shall comply with all additional copyright notices, information and restrictions included in the Materials as defined above or in any content accessed through the site. OZ hereby grants access and use to the Materials for personal, non-commercial or educational purposes only. You may not modify or use the Materials for any other purpose without OZ's express written consent. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the OZ Website, without the express written consent of OZ.
You may print Materials on the OZ Website for personal, non-commercial or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.
The Materials included on the OZ Website have been created and/or compiled by OZ from a variety of sources, and are subject to change without notice.
Without limiting the generality of any of the above, all media files on the OZ Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the OZ Website without OZ's express written consent. You may not link directly to any .ram file located on an OZ server, and you should not attempt to "pass-off" any of OZ's content as your own work. All rights not expressly granted in these terms are reserved to OZ. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right in the Materials under any copyright, patent, trademark or other intellectual right of OZ or any other person or entity.
B. Disclaimer of WarrantY: The services and the materials (together, "Information") made available on the OZ Website are provided 'AS IS' aND ‘AS AVAILABLE’ without warrantIEs of any kind. OZ expressly disclaims any representations and warrantIes, EITHER EXPRESS, IMPLIED OR STATUTORY, including without limitation, the implied warrantIes of merchantability and fitness for a particular purpose, DURABILITY, TITLE, NON-INFRINGMEENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-operability OF PRODUCTS OR SERVICES. OZ shall have absolutely no liability in connection with the INFORMATION including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the OZ Website including but not limited to:
1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
3. Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
OZ makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. OZ makes no warranty, representation or guarantee that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, “OZ” shall include OZ, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
C. Notice Specific to Software Available On The OZ Website: Any software that is made available to download from the OZ Website ("Software") is the copyrighted work of OZ and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
D. Restricted Rights Legend: Any Software which is downloaded from the OZ Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is OZ Communications, Inc., Windsor Station, Suite 150, 1100 de la Gauchetière Street West, Montreal, Quebec, H3B 2S2, Canada, Tel: +1 514 390 1333, Fax: +1 514 390 0011.
E. Sites Linked From the OZ Website: The sites linked from the OZ Website are not under OZ's control, and OZ is not responsible or liable for the contents, communications or materials available at such linked sites or any changes or updates to the linked sites. OZ is providing these sites links, on the OZ Website, to you only as a convenience, and the inclusion of any site link does not imply referral or endorsement by OZ of this site.
F. INDEMNITY AND limitation of LIABILITY:
INDEMNITY: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD OZ, HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR USERS OF YOUR ACCOUNT, OR IN CONNECTION WITH THE USE OF THE OZ WEBSITE OR THE PLACEMENT OR TRANSMISSION OF ANY INFORMATION OR OTHER MATERIALS ON THE OZ WEBSITE BY YOU OR USERS OF YOUR ACCOUNT.
LIMITATION OF Liability: Under no circumstances shall OZ be liable for any losses or damages whatsoever, including special, indirect or consequential, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.
For purposes of this section, 'OZ' shall include OZ Communications, Inc., and its divisions, affiliates, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
G. User Submissions: OZ does not claim ownership of the materials, information or other communication you provide to OZ (including feedback and suggestions) or post, upload, input or submit on this Website (”Communication”). However, by posting, uploading, inputting, providing or submitting ("Posting") your Communication you are granting OZ, its affiliated companies and necessary sublicensees permission to use your Communication for the purpose for which it was submitted and in accordance with the
Privacy Policy located at http://www.oz.com/privacypolicy.html No compensation will be paid with respect to the use of your Communication, as provided herein. OZ is under no obligation to post or use any Communication you may provide and OZ may remove any Communication at any time in its sole discretion. You are strictly prohibited from Posting to or from the OZ Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
H. Applicable Law: This site is controlled by OZ from its offices in Canada and these terms and conditions shall be governed by the laws of Quebec and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of Quebec in connection with the interpretation or application of these terms. OZ makes no representation that Materials or services on the OZ Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the OZ Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or services in violation of Canadian or U.S. export laws and regulations.
J. Copyright and Trademark Notices Copyright: © OZ Communications, Inc. and/or its licensors, 1995-2008, all rights reserved. OZ and the OZ logo, are trademarks of OZ Communications, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners