Oozm.com Terms of Use

Terms of Use & Service

The webpages available at www.oozm.com, and all linked pages ("Site"), are owned and operated by OOZM, Inc. ("oozoom"), a Toronto corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

IMPORTANT! THESE TERMS OF USE & SERVICE (TOS) GOVERN YOUR USE AND ACCESS OF THIS SITE (WWW.OOZM.COM), WHICH IS PROVIDED BY OOZM. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OOZM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY AND IF YOU DO NOT AGREE TO ALL OR ANY OF THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. OOZM’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY OOZM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Modifications of Terms of Use

OOZM reserves the right, at its sole discretion, to modify or replace the Terms of Use & Service at any time. If the alterations constitute a material change to the Terms of Use, OOZM will most likely notify all subscribers via email, but is in no obligation to notify. What constitutes a "material change" will be determined at OOZM's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications by visiting this page. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use and Service as modified.

Access to This Site

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without OOZM's express prior written consent. For example, you may not (and may not authorize any other party to) (I) co-brand this site or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of OOZM. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with OOZM in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by OOZM is the proprietary information of OOZM or the party that provided the Content to OOZM, and OOZM or the party that provided the Content to OOZM retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of OOZM, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates OOZM's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Advertisement Information

These are the following terms and conditions regarding the purchase of ad space: a) The Ad space that you ‘buy’ from OOZM grants you the right to submit a text based, image based or third party based content which will then be published on the page in the respective ad space of the URL you have paid for. However, please note that under no circumstances does a purchase of ad space mean that you “own” any part of the page, URL or the site OOZM. b) No obscene, offensive, pornographic, or otherwise inappropriate ads will be accepted as per OOZM’s discretion. OOZM has the rights to delete and take over any such inappropriate advertisements. c) You can resell or sub-let the ad space to another OOZM user. OOZM will be offering marketplace features for members to buy and sell. Also, OOZM will allow you to sell the ad space back to OOZM on a 50/50 revenue share partnership basis! d) Your advertisement must be relative to the contents of that page. What constitutes a relative advertisement will be determined at OOZM's sole discretion, in good faith and using common sense and reasonable judgment. e) Your ad space on the top of the page shouldn't be larger than 200 pixels height and 780 pixels width. Your text or image ads should be within that dimension. Again, OOZM will monitor these standards and if these dimensions are not met; OOZM will delete or replace the existing advertisement. f) Your ad code should not defect our pages. g) You are not allowed to use any pop ups or scripts that will be harmful to our visitors, which will be determined at OOZM's discretion, in good faith and using common sense and reasonable judgment. h) Your images should be in GIF or JPEG format with a reasonable file size. If you are providing links with images that are stored on another server, please make sure your server does not slow down our pages. We are very serious about this. We recommend you to go with text ads. However, if we do find that these images are slowing down our pages; which will be determined at OOZM's sole discretion, in good faith and using common sense and reasonable judgment, we will remove or replace those images. i) No animated images on any ad space allowed. j) Once payment is cleared you can immediately update your ad space on the URL you purchased. You can change your ad space as many times as you want. k) Once you update the page with an ad, you will not receive a refund for your payment l) You will have the rights to the ad space for a year from the date of purchase. OOZM will minimize the occasional downtime due to maintenance of the website, but is in no obligation to prevent downtime. m) OOZM has full rights to suspend or delete any member account that is found to violate any terms with or without notification.

No Endorsements of Content and Service Providers

OOZM encourages you to use discretion when browsing the Internet or using the Site. OOZM makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of (i) any third party content posted on the Site, (ii) hyperlinks to third party Web sites outside of the Site, or (iii) any content posted on third party Web sites. OOZM has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites' content. Your use of any other Web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will OOZM be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available through the Site. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children. This site may be hyper-linked to other sites which are not maintained by, or related to, OOZM. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or OOZM. OOZM has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and OOZM makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by OOZM of that site.

Submissions

a. You may submit your logo by using the upload tool. You represent and warrant that (i) you are the owner of the logo and/or are authorized by the owner to upload the logo on their behalf; (ii) the logo does not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) the logo does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) the logo is not false or misleading. b. By submitting your logo for use on the Site, you grant OOZM a world-wide right to use the logo on or in connection with OOZM’s website(s), or to have others do so on OOZM’s behalf, all without any payment of royalties or other obligations. OOZM reserves the right to refuse, reject or remove your logo at its discretion at any time. Removal requests for submitted logos may be submitted pursuant to the procedures set forth below. c. You may submit any comments you may have on our Site and services, or ideas you may have on how to improve them, to feedback at oozm.com. You may also have the opportunity to post certain comments, responses, and other materials on or as part of OOZM. Please note that by submitting or posting any material, or by otherwise posting, uploading, inputting, adding such as links (URLs), advertisements banners such as text, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. OOZM reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content. d. If you do post content or make any Submission, and unless we indicate otherwise, you grant OOZM and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to OOZM through this site (together, hereinafter known as the “Submission), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. OOZM will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future OOZM operations. You grant OOZM and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You will indemnify OOZM or its affiliates for all claims resulting from content you supply. OOZM will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that OOZM cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. OOZM does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by OOZM. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. You acknowledge that OOZM has no control over, and duty to take any action regarding: which users gain access to the Site; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release OOZM from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. OOZM makes no representations concerning any content contained in or accessed through the Site, and OOZM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OOZM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OOZM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OOZM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND OOZM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT OOZM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OOZM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and OOZM does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation on Liability

IN NO EVENT WHATSOEVER SHALL OOZM, ITS PARENT COMPANY, SHAREHOLDERS, EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OTHER DAMAGES SUCH AS PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITE. OOZM NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. The limitations of liability provided in this Agreement inure to the benefit of OOZM, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents. IN NO EVENT SHALL OOZM'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF (i) AMOUNT YOU HAVE PAID TO OOZM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE (ii) AMOUNT OF U.S. $50.00.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that: a) You do not have the right to post, including proprietary material of any third party; b) Advocates illegal activity or discusses intent to commit an illegal act; c) Is vulgar, obscene, pornographic, or indecent; d) Does not pertain directly to this site; e) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; f) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; g) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; h) Violates any law or may be considered to violate any law; i) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; j) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; k) Solicits funds, advertisers or sponsors; l) includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; n) Includes MP3 format files; o) Amounts to a 'pyramid' or similar scheme; p) disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or q) Includes hyper-links to other sites, which contain content that falls within the description set forth above. Although under no obligation to do so, OOZM reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither OOZM nor any third party that provides Content to OOZM will assume or have any liability for any action or inaction by OOZM or such third party with respect to any submission.

Termination

Oozm may terminate or suspend any and all Services and your oozm account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your oozm account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). OOZM will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that OOZM considers insecure, OOZM will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, OOZM reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. OOZM reserves the right to investigate suspected violations of these Terms of Use. OOZM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing OOZM to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS OOZM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OOZM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [OOZM] OR LAW ENFORCEMENT AUTHORITIES.

System Outages

OOZM periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. OOZM shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mistaken delivery, non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

Privacy Policy

Certain information about you may be collected during your use of the Site. Collected information is subject to the OOZM.com Privacy Policy, located at http://www.OOZM.com/about/privacy.php, which is incorporated herein by this reference.

Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and OOZM. This Agreement is between you and OOZM and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that OOZM is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release OOZM, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

Governing Law

These Terms of Use will be governed and interpreted pursuant to the laws of the Province of Ontario, Canada, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Ontario, in connection with any dispute between you and OOZM arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the provincial courts located in Toronto, Ontario, Canada and federal courts in Canada. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. OOZM may revise these Terms of Use at any time by updating this posting