TERMS AND CONDITIONS OF OZ WIZARD SERVICES AGREEMENT

July 18, 2019

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/18/2019

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:
OZ WIZARD INC is providing Customer with product and order information. Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms of service.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the OZ WIZARD INC. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by OZ WIZARD INC and/or our subsidiaries and affiliates.

INDEMNITY

All users herein agree to insure and hold OZ WIZARD INC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  Sound & Vision Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Sound & Vision’s sites.

MODIFICATIONS

OZ WIZARD INC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

THIRD-PARTY SITES

Either OZ WIZARD INC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that OZ WIZARD INC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a)        THE USE OF OZ WIZARD INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. OZ WIZARD INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b)        OZ WIZARD INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OZ WIZARD INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OZ WIZARD INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OZ WIZARD INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c)        ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OZ WIZARD INC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d)        NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OZ WIZARD INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e)        A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OZ WIZARD INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a)        THE USE OR INABILITY TO USE OUR SERVICE;

b)        THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c)        UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d)        STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e)        AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the OZ WIZARD INC trademarks, copyright, trade name, service marks, and other OZ WIZARD INC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of OZ WIZARD INC. You herein agree not to display and/or use in any manner the OZ WIZARD INC logo or marks without obtaining OZ WIZARD INC’s prior written consent.

  1. General: Incorporation of Other Terms and Privacy Statement

1.1 These Terms of OZ WIZARD Service (this “Agreement”) govern your use of the websites, other digital and electronic platforms, and their associated content, communications, tools, features, functionality and services (collectively, the “Our Service”), whether or not log-in or registration is required to access them, including interactive communities and other chat and forum discussion areas and other areas which permit Posts (as defined in Section 4), some of which offer “Q&A,” “Ask An Expert” and similar features (the “Communities”), in each case which are owned and operated by OZ WIZARD, Inc. (together with each of their respective divisions, subsidiaries and other affiliates “OZ WIZARD” or “We”) and on which these Terms of Our Service appear.

 

1.2 Certain products and services offered by OZ WIZARD which are governed by this Agreement also are governed by additional terms which are specified in a separate written agreement between one or more OZ WIZARD entities and you or your company and/or are accessible directly from the website or other digital or electronic platform through which such products and services are delivered (“Additional Terms”; the terms of this Agreement and all applicable Additional Terms, the “Our Service Terms”). To the extent (but only to the extent) of any conflict between this Agreement and Additional Terms, such Additional Terms shall control with respect to your use of such product(s) or Our Service(s) only. We reserve the right, in our sole discretion, to update or otherwise revise or modify all or any part of this Agreement (“TOS Changes”) at any time, and you are deemed to be apprised of and bound by all such TOS Changes, effective immediately upon your first use of the Our Service after the posting and confirmation of such TOS Changes by OZ WIZARD’s updating the date indicated after the phrase “This Agreement was last updated on” at the end of this Agreement. TOS Changes will only affect your and our respective rights and obligations from and after the effective date of such TOS Changes with respect to you in accordance with the preceding sentence.

 

1.3 By accessing the Our Service, you affirmatively indicate your binding acknowledgment and acceptance of all Our Service Terms, including the TOS Changes made by OZ WIZARD as permitted above, and your agreement to be bound by and comply fully with the Our Service Terms in their entirety. Failure to comply fully with the Our Service Terms may result in restriction, suspension, blockage or termination of access and use privileges for all or any part of the Our Service at any time without prior notice from or liability of OZ WIZARD, and may result in additional legal actions taken against the offending individuals and organizations, in each case in our sole discretion. If you do not agree to any portion of this Agreement, you may not use the Our Service (or any portion thereof).

 

1.4 Registration data and certain other information about you and your activities on the Our Service are subject to OZ WIZARD’s privacy statement, which you may review in full at any time at https://OZWIZARD.net/privacy-statement/. You understand that through your use of the Our Service you consent to the collection, storage and use of this data and information as provided in the Privacy Statement.

 

1.5 In consideration of your use of the Our Service, you represent, warrant and covenant to us that:

 

(a) If you access the Our Service in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by the Our Service Terms.

 

(b) You are at least 18 years old, you are competent, and you have the capacity and authority necessary to enter into, and perform your obligations under, the Our Service Terms (including on behalf of such person or entity, if applicable), and you are not a person barred from receiving the Our Service under the laws of the United States or any other applicable jurisdiction.

 

(c) You will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Our Service.

 

  1. General OZ WIZARD Intellectual Property Ownership Rights.

You acknowledge and agree that the tools and applications, data and other information, content (including its selection and arrangement), services and software (including all text, logos, photographs, graphics, images, video, audio, illustrations, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, titles, and certain words or phrases, in each case displayed on, transmitted through, or accessed or used on, within, or in connection with the Our Service (all of the foregoing, collectively, “Our Service Content”), are intellectual property protected by copyright, trademark or other proprietary rights of OZ WIZARD or its licensors, suppliers or other designees, which rights may or may not be registered in certain jurisdictions. You acknowledge and agree that OZ WIZARD reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Our Service. You also agree to comply with any additional copyright notices, information, or restrictions contained in any Our Service Content available on or accessed through the Our Service.

 

  1. Registration and Profile Creation.

In order to access certain features of the Our Service, you will be required to register by providing certain profile and contact information. In the event that registration is required, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the OZ WIZARD’s Registration Form, and you agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your user registration or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to interrupt, restrict, suspend or terminate your current or future use of or access to the Our Service (or any portion thereof), without notice to you. Your account is for your sole, personal use; you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to take all reasonable steps to protect the Our Service from unauthorized access or use. You are solely responsible for the security of your user registration and password and will be solely liable for any use or unauthorized use under same. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.

 

  1. Use of Our Service.

Certain General Terms and Use Restrictions

 

4.1 OZ WIZARD may change, suspend or discontinue all or any aspect of the Our Service (including the Communities) at any time, including the availability of any feature, database, or Our Service Content, without prior notice or liability. information available in Communities and on other parts of the Our Service does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial, or medical advisors. (See also Section 8 for certain further disclaimers and limitations of liability.)

 

4.2 You shall not:

 

(a) access the Our Service (or any portion thereof) by any means other than through an interface that is provided by OZ WIZARD for such purpose;

 

(b) resell use of, or access to, the Our Service to any third party;

 

(c) adapt, translate, reverse-engineer, decompile or disassemble, in whole or in part, any Our Service Content;

 

(d) except as otherwise specifically and expressly permitted in this Agreement or the applicable Additional Terms, as the case may be, copy, reproduce, duplicate, download, store, modify, publish, transmit, re-license, transfer or sell, reproduce, create derivative works from, distribute, perform, post, display, or in any way commercially use or exploit any of the Our Service or Our Service Content, or any access thereto, in whole or in part;

 

(e) install, upload, post or otherwise facilitate the introduction of a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;

 

(f) remove any copyright, trademark, patent or other proprietary rights notice on any Our Service Content; or

 

(g) use any robot, spider, search/retrieval application, or other manual or automatic device or technique to extract, “scrape,” collect, retrieve, index, “data mine,” copy, catalog, download or otherwise reproduce, store or distribute information or content available on the Our Service (including information about other individuals or companies using the Our Service or any portion thereof) or in any way reproduce or circumvent the navigational structure or presentation of the Our Service.

 

Certain Restrictions on Use of Event Participants information

 

4.4 If any OZ WIZARD website or other portion of the Our Service makes available the name, contact information, and/or any other information (“Participant information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any OZ WIZARD trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant information. You agree to pay OZ WIZARD liquidated damages of $10,000 per Participant you solicit or otherwise contact in violation of the previous sentence.

 

You should report any actual or suspected violations of Section 6 to OZ WIZARD at contact@OZWIZARD.net.

 

  1. Links to External Sites.

The Our Service may contain links to, or otherwise point to, sites on the Internet or other electronic or digital media which are owned and operated by third parties (“External Sites”). You acknowledge that External Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the Our Service, and OZ WIZARD is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses (as defined in Section 7.1) that may arise or result from your navigation to or use of any External Sites. You should contact the administrator or webmaster for those External Sites if you have any concerns regarding the links to them, the content located on such External Sites, or their External Site Terms.

 

  1. Equipment, Connectivity and Communications Providers.

6.1 You are solely responsible for obtaining and maintaining all wired, wireless and other telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Our Service, and paying all charges related thereto (including any third-party fees or charges which may be levied for transmission or receipt of communications in connection with the Our Service).

 

6.2 OZ WIZARD does not operate the networks of, or have any control over the operations of, the wireless or other communications Our Service providers through which you may access the Our Service. Accordingly, (i) we disclaim all responsibility and liability for or relating to your use of any such providers to access the Our Service (see also Section 10 for certain other disclaimers and limitations on liability) and (ii) we cannot guarantee the privacy or security of wireless data transmissions. The wireless device browser is generally pre-configured by your wireless Internet Our Service provider, which you should consult for information about their privacy and security practices. You should not share personal, secret, confidential, sensitive, proprietary or other non-public information through any Community or other portion of the Our Service.

 

  1. General Release and Indemnification; Other Relief.

7.1 You hereby release and agree to indemnify, defend and hold harmless OZ WIZARD, its affiliates, and all of their respective officers, directors, owners, agents, suppliers, licensors and assigns (collectively, the “OZ WIZARD Parties”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs and expenses (including administrative costs, investigatory costs, litigation and settlement costs and experts’, auditors’ and attorneys’ fees and disbursements) of whatever nature (any of the foregoing, “Losses”), whether incurred by or issued against any OZ WIZARD Party, in connection with (i) your Posts, (ii) the use of your Posts by any OZ WIZARD Party for any purpose in accordance with the Our Service Terms, (iii) any use or alleged use of the Our Service or any Our Service Content, or any violation or alleged violation of applicable law or a third party’s rights, in each case by you or under your user name by any person or entity, whether or not authorized by you. OZ WIZARD reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with OZ WIZARD’s defense of such claim.

 

7.2 You acknowledge that the Our Service contains Our Service Content that is highly proprietary and confidential in nature and is protected by applicable intellectual property and other laws, and that unauthorized copying, transfer, or use may cause the OZ WIZARD Parties and/or its suppliers and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Our Service Terms may be enforced by OZ WIZARD by means of equitable relief (including injunctive relief), in addition to all other available rights and remedies.

 

  1. Disclaimer of Warranties; Limitation of Liability.

8.1 THE OZ WIZARD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ALL DATA, information, TOOLS, AND OTHER Our Service CONTENT MADE AVAILABLE THROUGH THE Our Service ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE,” AND NO OZ WIZARD PARTY SHALL BE RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER TO YOU OR ANY THIRD PARTY FOR ANY DELAYS, OMISSIONS, INACCURACIES, OR DELAYS OR FAILURES TO PROVIDE UPDATES OR CORRECTIONS, IN CONNECTION THEREWITH OR WITH ANY RESULTS OBTAINED THEREFROM. THE OZ WIZARD PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA, information, TOOLS, OR OTHER Our Service CONTENT MADE AVAILABLE THROUGH THE Our Service, OR THAT THE Our Service OR THE SERVER(S) ON WHICH THE Our Service IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, OR CAN BE RELIED UPON IN ANY RESPECT. NO OZ WIZARD PARTY SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS NEGLIGENCE OR OMISSION IN PROCURING, COMPILING, CALCULATING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY information, DATA, OR OTHER Our Service CONTENT THROUGH THE Our Service, OR FOR ANY DELAY OR INTERRUPTION IN CONNECTION THEREWITH. IN NO EVENT SHALL ANY OZ WIZARD PARTY BE LIABLE IN ANY RESPECT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR SUCH OTHER PERSON OR ENTITY IN RELIANCE UPON ANY Our Service CONTENT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER FORM OF DAMAGES WHATSOEVER, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE Our Service AND/OR ANY Our Service CONTENT, INCLUDING LIABILITY OR DAMAGES FOR LOST PROFITS OR GOODWILL, DAMAGES RESULTING FROM INCONVENIENCE, LOSS OF DATA OR LOSS OF USE OF THE Our Service, OR ANY OTHER LIABILITY OR DAMAGES, WHETHER TANGIBLE OR INTANGIBLE, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE USE OF OR PERFORMANCE OF THE Our Service, IN EVERY SUCH CASE EVEN IF ANY OZ WIZARD PARTY HAS BEEN ADVISED OF (OR OTHERWISE MIGHT HAVE ANTICIPATED) THE POSSIBILITY OF SUCH DAMAGES. THE Our Service (INCLUDING ALL OR PART OF ANY COMMUNITY OR ANY OTHER PORTION OF THE Our Service) MAY BE DISCONTINUED, LIMITED OR MODIFIED, TEMPORARILY OR PERMANENTLY, IN THE SOLE AND ABSOLUTE DISCRETION OF OZ WIZARD, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE AND WITHOUT LIABILITY ON THE PART OF ANY OZ WIZARD PARTY TO ANY PERSON OR ENTITY. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Our Service, THE ACCURACY AND COMPLETENESS OF THE Our Service CONTENT (INCLUDING POSTS ON COMMUNITIES, WHETHER BY OZ WIZARD PERSONNEL OR THIRD PARTIES), AND YOUR USE OF AND RELIANCE ON THE Our Service AND THE Our Service CONTENT, IS ASSUMED SOLELY BY YOU.

 

8.2 WITHOUT LIMITING SECTION 8.1 IN ANY RESPECT, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OZ WIZARD PARTIES TO YOU AND/OR YOUR COMPANY (IF APPLICABLE) FOR ANY LOSSES (AS DEFINED IN SECTION 9.1) IN ANY WAY ARISING FROM OR RELATING TO YOUR USE OF THE Our Service OR ANY Our Service CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE (COMMERCIAL OR OTHERWISE) EXCEED US$1,000.

 

8.3 WITHOUT LIMITING SECTION 8.1 OR 10.2 IN ANY RESPECT, TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH IN SUCH SECTIONS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE OZ WIZARD PARTIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE Our Service SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. OZ WIZARD Corporate and Business information.

Corporate and other investor relations types of information and materials about OZ WIZARD and its businesses which may be accessible via any portion of the Our Service from time to time (“Corporate information”) are provided for convenience only, and speak only as of their original date or the date specified therein. Current and available information about OZ WIZARD may change at any time and may not be reflected on the Our Service, and OZ WIZARD disclaims any responsibility to revise, update or otherwise ensure the accuracy of any Corporate information, whether as a result of new information, future events or otherwise.

 

  1. Miscellaneous.

This Agreement shall be construed in accordance with the laws of the State of New York, USA (and applicable U.S. federal law), without regard to conflicts of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York County in the State of New York, USA. The Our Service Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all other previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you, on your behalf or for your benefit arising out of or related to the Our Service Terms or use of the Our Service must be filed within one year after such claim or cause of action arose or be forever barred. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. As used herein, “include,” “includes” and “including” are deemed to be followed by “without limitation” whether or not they are in fact followed by such words or words of like import. We reserve the right to require you to sign a non-electronic version of this Agreement.

 

  1. Digital Millennium Copyright Act (“DMCA”) Notice.

Materials may be made available via the Our Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Our Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Our Service. In addition, we respond to notices of alleged copyright infringement in accordance with the DMCA’s safe harbor provisions. If you believe, in good faith, that any materials on the Our Service infringe a copyright, you may provide us with written notice that at a minimum contains the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

 

 

OZ WIZARD

Attn: General Counsel

140 58th Street, Building B, Unit 1E

Brooklyn, NY 11220

(718) 880-5770

ozw@ozwizard.net

 

 

Although it is our policy to terminate content-related relationships with third parties who repeatedly infringe the copyrights of others, OZ WIZARD shall not be liable to you or any third party under any circumstances for declining to remove or replace any content or material on the OZWIZARD.NET.

 

  1. Contact.

Should you have any questions about this Our Service, you may contact us at info@OZWIZARD.net.

 

This Agreement was last updated on July 18, 2019.