1.1 Software as a Service (SaaS)
OZI is providing a Software as a Service (SaaS). Customer acknowledges that OZI owns the Service, and that it contains proprietary and confidential information that belongs exclusively to OZI. Customer acknowledges that Service is being provided on an as-is basis.
1.2 Updates and Modifications
OZI reserves the right to modify the Service (or any part thereof) without prior notice to Customer. OZI may provide notice of any such changes to the Service by posting them on its website and/or sending email to customers. OZI has no obligation to provide, or continue to provide any part of the Service, now or in the future.
2 Customer Submissions and Customer Accounts
2.1 Customer Accounts
Customer is responsible for all activity that takes place under customer accounts, whether authorized or not. Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Services; (iii) maintaining the confidentiality of Customer’s accounts, user id’s and passwords used in conjunction with the Services; and (iv) all uses of the Services by Customer and its users. Customer will notify OZI immediately of any unauthorized use of its account or any other breach of security. OZI will not be liable for any loss that Customer may incur as a result of a third party using its password or account, and Customer may be held liable for any such losses incurred by OZI and/or another party, except to the extent caused by the willful misconduct of OZI.
2.2 Customer Submissions
Customer is solely responsible for the accuracy of all information, documents, data, correspondence, contact lists, and related graphics of any kind (“Submissions”) without exception, provided, uploaded, or linked to OZI by Customer. OZI makes no claim as to the accuracy of any Submissions provided to Customers, whether or not authorized by Customer, without exception. Customer warrants and guarantees that it has the right to provide or post Submissions.
3 Limitations on Use of Service
3.1 No Resale of Service
Customer shall not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose, without express written consent of OZI. Customer may integrate OZI into workflow, provide links to OZI content, and may market, advertise, and solicit third parties to provide content, under Customer accounts.
3.2 Limitations on Use
OZI shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
3.3 Automated Queries
You may not hack, “scrape” or “crawl” OZI, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information that OZI has not intentionally made available through the interfaces and Services on its website.
3.4 Third Party Services
Some of the Services implement the mapping or other services provided by third parties. Your use of third party services is subject to their respective Terms of Service.
4 Proprietary Rights
4.1 Rights to Services
Customer has no right, title or interest in or to the Services or any components provided by OZI in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that OZI retains all proprietary right, title and interest in and to, or practiced in connection with, the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
4.2 Intellectual Property Rights and Use of Customer Submissions
OZI does not claim ownership of any information, documents, data, correspondence, contact lists, and related graphics of any kind Customer either creates on OZI or uploads to OZI; Customer entitles OZI to irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate Customer Submissions, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. This will be done without acknowledgment of or compensation to Customer. OZI is under no obligation to post or use any Submission Customer may provide. OZI may remove any Submissions at any time in its sole discretion.
4.3 Links to Third Party Sites
OZI may contain links to other resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links may be provided by Customers or by OZI. OZI is not responsible for the accuracy of any contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. OZI is not responsible for any other form of transmission received from any Linked Site. OZI is not legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links.
4.4 Reporting Copyright Infringement
If you believe your copyrighted word is being infringed, notify our designated agent specified below:
The Digital Millenium Copyright Act requires that all infringement claims must be in writing and include the following information:
5 No Warranty
5.1 Performance of Services
OZI does not represent or warrant that (i) the use of the Services will be timely, uninterrupted or error free, or operate in combination with any other hardware, software, system or data, (ii) the Services will meet customer’s requirements or expectations, or (iii) errors or defects will be corrected. OZI entire liability and Customer’s exclusive remedy under this warranty will be, at OZI sole option and subject to applicable law, to provide conforming service or to terminate the non-conforming Services and this agreement or the applicable order, and provide a pro-rated refund of any prepaid fees from the period of non-conformance through the end of the remaining term. To the extent permitted by applicable law, OZI disclaims all other warranties and conditions, whether express, implied, statutory or otherwise, including any express or implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement.
6.1 Customer Termination
OZI reserves the right, in its sole discretion, to downgrade or terminate Customer access both to the OZI website and to its Services, at any time with notice. OZI also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service with notice. You agree that OZI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8 Disclaimer of Representations and Liability
8.1 OZI Content, Submissions, Linked Material, and Third Party Submissions
The information, software, data, and Services made available through OZI websites may include inaccuracies or typographical errors. OZI make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Submissions, information, software, data, or services, contained on OZI for any purpose.
OZI does not endorse, and takes no responsibility for Submissions, services, data, websites, or materials provided by OZI or by third parties. You understand that OZI has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Customer dealings with any third party arising in connection with the Services are solely between Customer and such third party, and OZI takes no responsibility for any damages or costs of any type arising out of or in any way connected with your use of Services or dealings with third parties.
Information received via OZI should not be relied upon for personal, legal, or financial decisions. To the maximum extent permitted by applicable law, all information, software, content, products, services, documents, and graphics are provided “AS IS”, without warranty or condition of any kind.
OZI shall not be liable for any direct, indirect, incidental, special, or consequential damages. This is so whether the damages are based on contract, tort, negligence, strict liability, or otherwise. This disclaimer includes, without limitation, damages for any of the following:
(a) for the loss of use, data, or profits, in any way connected with the use or performance of OZI; (b) for the delay or inability to use the Site, Services, or related services; (c) for any Submission, information, software, data, services, text, or graphics obtained through the use of the Site.
9.1 Hold Harmless
You hereby agree, at your expense, to indemnify, defend, and hold OZI harmless from and against any loss, cost, damages, liability, or claim related to your use of the Service except to the extent caused by willful misconduct of OZI.
9.2 Third Party Claims
Customer agrees to release, indemnify, defend and hold OZI and its affiliates and their officers, employees, directors and agents harmless from any and all claims and demands, losses, damages, expenses, including reasonable attorneys’ fees, or actions of any kind arising out of any third party claim relating to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the trade secrets, rights or privacy of a third party, or any Submission made through your user account or that you otherwise make available through the Services.
You release OZI, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
10.1 Entire Agreement