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Terms of Service

USE OF SERVICE

Intro

We hope you enjoy using our service, but before you get started, please read this Agreement carefully. By accessing or using any part of our Site and Services, you agree to become bound by the terms and conditions of this agreement.

Acceptance of The Terms of Service

The following terms and conditions govern all use of the Ozmotik Sites and Services. By clicking on “Join”, “Sign Up”, “Sign In”, or similar, or by registering, accessing or using our Site and Services, you agree to become a user of our Services (“User”) and acknowledge that you are entering into a legally binding agreement (even if you are using our Site and Services on behalf of a company).

If you do not agree to all the terms and conditions of this agreement, then you may not access any of our Site and Services.

We reserve the right, at our sole discretion, to change or modify portions of this agreement at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we decide to make any modifications to this Terms of Service, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site and Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.


In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Privacy Policy

Our Privacy Policy, found at http://www.ozmotik.com/privacy is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

The Site and Services

Ozmotik offers businesses and individuals a solution for measuring consumer attention on content that said businesses and individuals share, promote, or otherwise link to on social platforms, personal or business websites, or other Internet properties.  

Account and Registration Obligations

You may be required to register with Ozmotik in order to access and use certain features of the Site and Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site and Service’s registration form. Failure to do so shall constitute a breach of these Terms of Service, which may result, in immediate termination of Your Account.

Registration data and certain other information about you, are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use our Site and Services, with or without registering.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Ozmotik of any unauthorized use of your password or account or any other breach of security.  Ozmotik will not be liable for any loss or damage arising from your failure to comply with this Section, and may, at its sole discretion, delete your account based on suspected fraud, use of your account by unauthorized user(s) or other suspicious activity, whether reported and notified by you or discovered and identified by Ozmotik personnel, software, or other technology.

If You would like to cancel Your Account, You may do so by sending a written request to info@ozmotik.com.

Modifications to the Site and Services

Ozmotik reserves the right to modify or discontinue, temporarily or permanently, the Site and Services (or any part thereof) with or without notice. You agree that Ozmotik shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  Should any modification, suspension or discontinuance of Service occur, you acknowledge and agree that information, data, or other content may be permanently deleted.

You may access the Sites or Services with a free account as a user (“User”). While access to certain portions of the Sites and selected features of the Services is free, Ozmotik reserves the right to charge fees for features and benefits associated with the Sites and Services at any time.

General Practices Regarding Use and Storage

You acknowledge that Ozmotik may establish general practices and limits concerning use of the Site and Services, including without limitation the maximum period of time that information, data or other content will be retained by the Site and Services, and the maximum storage space that will be allotted on Ozmotik’s servers on your behalf. You agree that Ozmotik has no responsibility or liability for the deletion or failure to store any information, data or other content maintained or transmitted by the Site and Services. You acknowledge that Ozmotik reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Ozmotik reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Termination

Ozmotik may terminate your access to all or any portion of the Site and Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ozmotik account, you may simply discontinue using the Website or send a written request to info@ozmotik.com. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Ozmotik if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Ozmotik’s notice to you thereof; provided that, Ozmotik can terminate the Site and Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

CONDITIONS OF USE

User Conduct

You are solely responsible for all opinions, information, data, text, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Site and Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Ozmotik. Ozmotik reserves the right to investigate and take appropriate legal action against anyone who, in Ozmotik’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. post, email or otherwise transmit any content, or publish any text that involves content that
  • is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • poses or creates a privacy or security risk to any person;
  • infringes any intellectual property or other proprietary rights of any party;
  • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • in the sole judgment of Ozmotik, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ozmotik or its users to any harm or liability of any type;
  1. further or promote any criminal activity or enterprise or provide instructional information (through your reviews or otherwise) about illegal activities;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. solicit personal information from anyone under the age of 18;
  4. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  7. violate any applicable local, state, national or international law, or any regulations having the force of law; or
  8. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

The content and information on this Site and Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us, except as expressly provided in these Terms. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.

Additionally, you agree not to:

  1. use this Site or its contents for any commercial purpose;
  2. access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep-link to any portion of this Site for any purpose without our express written permission;
  6. “frame”, “mirror”, or otherwise incorporate any part of this Site into any other website or mobile application without our prior written authorization;
  7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Ozmotik in connection with the Site or the Services we provide;
  8. post opinions on products or services offered by your current employer or by direct competitors of your current employer; or
  9. log in using an alias that masks your true identity.

Payments and Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment subscription plan and provide Ozmotik information regarding your credit card or other payment instrument. You represent and warrant to Ozmotik that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Ozmotik such fees in accordance with the terms set forth in the Site and Services and these Terms of Service. If you subscribe to the Service or any portion thereof, you hereby authorize Ozmotik to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Ozmotik know within sixty (60) days after the date that Ozmotik charges your payment instrument. We reserve the right to change Ozmotik’s prices, pricing plan or subscription plans at our sole discretion. If Ozmotik changes such prices, pricing plan or subscription plans, we will provide notice of the change on the Site or by email to you, at Ozmotik’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service other than U.S. taxes based on Ozmotik’s net income.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Unless otherwise expressly authorized herein or in the Service, the Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Site and Services Content, Software and Trademarks

You acknowledge and agree that the Service may contain content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the site (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Ozmotik, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and Services, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you submit to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site and Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site and Services or distributed in connection therewith is the property of Ozmotik, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ozmotik.

The Ozmotik name and logo are trademarks and service marks of Ozmotik (collectively the “Ozmotik Trademarks”). Other company, product, and service names and logos used and displayed via the Site and Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ozmotik. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ozmotik Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ozmotik Trademarks will inure to our exclusive benefit.

Third-party Material

Under no circumstances will Ozmotik be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Ozmotik does not pre-screen content, but that Ozmotik and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Ozmotik and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by Ozmotik, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Creating Ozmotik Links from User Content

You are solely responsible for the content and other materials you create a link for, measure, analyze or track through the Service or transmit to or share with other users or recipients (collectively, “User Content”).   Your use of the Service must not, in any way, violate any proprietary rights or any other rights of any third parties, including third parties who own the title, rights, and/or interest in and to any and all content of which you are using the service to gather data through measuring, tracking, and analyzing consumer usage and behavior.

By creating links for any Content you hereby grant Ozmotik the right to make anonymized data available to other companies, organizations, customers or individuals who partner with Ozmotik for the syndication, broadcast, distribution or publication of Content; targeting, analysis, measurement of data on other media and services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Ozmotik are non-confidential and Ozmotik shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Ozmotik may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ozmotik, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ozmotik has no control over such sites and resources and Ozmotik is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ozmotik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ozmotik is not liable for any loss or claim that you may have against any such third party.

Integrated Third Party Services

You may enable various online services (such as social networking services) to be directly integrated into your Ozmotik experience (“Integrated Services”). By directly integrating these services into the Site and Services, we make your experience of the Site and Services richer, more efficient and more personalized. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their respective providers. By enabling Integrated Services within the Service, you are allowing us to pass your log-in information to these Integrated Services for this purpose, and vice versa. However, please remember that the manner in which Integrated Services use, store and disclose your information is governed solely by the policies of such third parties, and Ozmotik shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Ozmotik is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Integrated Services. As such, Ozmotik is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Integrated Services. Ozmotik enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

WARRANTY DISCLAIMER

Ozmotik has no special relationship with or fiduciary duty to you. You acknowledge that Ozmotik has no control over, and no duty to take any action regarding:

  • which users gains access to the Services;
  • what Content you access via the Services;
  • what effects 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 Ozmotik from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Ozmotik makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SITE AND SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OZMOTIK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): OZMOTIK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Ozmotik will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Ozmotik’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Ozmotik, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site and Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Ozmotik reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Ozmotik in asserting any available defenses.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OZMOTIK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW AND JURISDICTION.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of San Francisco, CA.

ENTIRE AGREEMENT AND SEVERABILITY.

These Terms of Service are the entire agreement between you and Ozmotik with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Ozmotik with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

Force Majeure. Ozmotik shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Ozmotik’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Ozmotik’s prior written consent. Ozmotik may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

No Waiver. The failure of Ozmotik to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Ozmotik must provide you with written notice of such waiver, provided by one of its authorized representatives.

Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

CONTACT

You may contact Ozmotik by e-mail at info@ozmotik.com.

Effective Date of Terms of Service: January 31, 2017.