| Web Site Privacy Policy and Terms of Use |
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| 1. Why We Have This Agreement |
| This Privacy Policy and Terms of Use ("Agreement") covers the Internet Properties ("Properties") for OZ Development, Inc., ("OZ Development", "OZ", "we", or "us") including, but not limited to, our web site (www.ozexe.com), mailing lists, related works, and derivative works. Your privacy is very important to us, and we are committed to respecting your privacy. In order to provide our Products and Services, we require information (including address and credit card information) regarding our users. We will maintain the confidentiality of information provided in accordance with this Agreement. This Agreement also covers the terms of use of our Properties. |
| 2. Your Consent to This Agreement |
| PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PROPERTIES. BY ACCESSING OR USING THE PROPERTIES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PROPERTIES. |
| 3. Information Collection |
| OZ Development is the sole owner of the information collected via our Properties. OZ Development collects information from our users at several different points via our Properties. |
| 3.1 Registrations |
| Under some sections of our web site, we may request a user to complete a registration form. During registration, a user is required to give contact information (such as name and e-mail address). We use this information to contact the user about services on our site for which he/she has expressed interest. A user can provide such information such as a username and password to setup an account for ordering purposes. |
| 3.2 Orders |
| We request information from the user on our order form. A user must provide contact information (such as name, e-mail, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, the information is used to contact the user. |
| 4. Information Use |
| 4.1 Profiles |
| We store information that we collect through cookies, log files, single-pixel graphics (sometimes called "clear gifs," "web bugs," or "web beacons"), and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our web site, and to direct pertinent marketing promotions to them. |
| 4.2 Cookies |
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A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. See Cookie Central (http://www.cookiecentral.com/) for more information about cookies. By setting a cookie on our site, users would not have to enter a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Using persistent cookies enables us to track and target the interests of our users to enhance the experience on our site. |
| 4.3 Third Party Advertisers |
| This Agreement covers the use of cookies by OZ Development only and does not cover the use of cookies by any advertisers. |
| 4.4 Log Files |
| Like most companies with web sites, we use web server log files. The information collected in web server log files includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. |
| 4.5 Communications From Us |
| 4.5.1 Special Offers and Updates |
| As a new member you may potentially be sent a welcoming e-mail to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. |
| 4.5.2 Service Announcements |
| On rare occasions, it is necessary to send out a strictly service related announcement. For example, if our service is temporarily suspended for maintenance, we might send users an e-mail. |
| 4.6 Disclosing Information |
| 4.6.1 Necessary Disclosure |
| We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to 1) comply with the law or with legal process; 2) protect and defend our rights and property; 3) protect against misuse or unauthorized use of our Properties; or 4) protect the personal safety or property of our users or the public. |
| 4.6.2 Aggregate Information (Not Personally Identifiable) |
| We may share aggregated demographic information with our partners and advertisers. This information is not linked to any personally identifiable information. |
| 4.6.3 Third Party Advertisers |
| OZ Development may share Web site usage information about users with reputable third party advertisers. For example, OZ Development uses cookies on this site, which allow them to recognize a user's cookie when a user visits this site. The information they collect and share through this technology is not personally identifiable. |
| 4.6.4 Third Party Intermediaries |
| We may use an outside shipping company to ship orders and a credit card processing company to bill users for goods and services. These companies do not retain, share, store, or use personally identifiable information for any secondary purposes. |
| 4.6.5 Third Party Service Providers |
| We may partner with other third parties to provide specific services relating to our products. When the user signs up for these particular services, we share names, or other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services. |
| 4.6.6 Business Transactions |
| In the event OZ Development goes through a business transaction, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. |
| 4.7 Links |
| Our Properties contain links to other sites. Please be aware that OZ Development is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This Agreement applies solely to information collected by OZ Development. |
| 4.8 Surveys and Contests |
| From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used and shared with the contest/survey sponsors to notify the winners and award prizes. Survey information will also be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes. |
| 5. Security |
| We take every precaution to protect our users' information. When users submit sensitive information to us, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. We also follow commercially reasonable technical and management policies and procedures to help protect the confidentiality, security, and integrity of data stored on our systems. |
| 6. Correcting/Updating/Deleting/Deactivating Personal Information |
| If a user's personally identifiable information changes (such as zip code, phone, e-mail or postal address), or if a user no longer desires our service, we provide a way to correct, update, or delete/deactivate users' personally identifiable information. This can be done by contacting us at the addresses or telephone number listed in the "Support" section. |
| 7. Modifications to this Agreement |
| WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE PROPERTIES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection, we will notify registered users via e-mail of the changes. |
| 8. Safeguarding Children |
| The Children's Online Privacy and Protection Act, 15 U.S.C. ? 6501 et seq. ("COPPA"), limits what type of information can be used and disclosed after being collected online from minors. Our Properties are generally directed at persons over the age of 13 who purchase items with credit cards, and we do not knowingly collect personal information from or about children under the age of 13. If, at any time, we learn that information relating to a child under the age of 13 that we have obtained is other than as set forth above, we shall immediately purge such information from our records. |
| 9. Third Party Links and Information |
| Our Properties may contain links to web sites operated by other parties. The linked web sites are not under our control, and we are not responsible for the content available on any other Internet sites linked to from our Properties. Unless otherwise stated, such links do not imply our endorsement of material on any other web site, and we disclaim all liability with regard to your access to such linked web sites. You access any other Internet sites linked to from our Properties at your own risk. You further acknowledge and agree that we 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 such content, goods, or services available on or through any such sites or resource. |
| 10. Your Responsibilities and Acceptable Use |
| 10.1 Your Obligations |
| You agree not to use the Properties to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules, and regulations in connection with the Properties. |
| 10.2 Access and Interference |
| You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our Properties. |
| 11. Intellectual Property Ownership |
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Domestic and international laws protect the entire contents of our Properties,
including intellectual property related to our Properties. The owners of the
intellectual property (including, but not limited to, copyrights and trademarks)
are OZ development, its affiliates, or other third party licensors. You grant
to us a non-exclusive, royalty-free, worldwide, sub licensable, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to us by any method and
in any media now known or hereafter developed. You also grant to us the right
to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to us, please contact us (see the
"Contact Information" section).
OZ Development, OZEXE, and the stylized OZEXE logo are trademarks or registered trademarks of OZ Development, Inc. Other trademarks mentioned in the Properties are the property of their respective owners. OZEXE is protected by U.S. Patent No. 6,904,591. |
| 12. Disclaimer of Warranties |
| USE OF THE PROPERTIES AND ANY CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. WE PROVIDE THE PROPERTIES ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. |
| 13. Limitation of Liability |
| IN NO EVENT WILL OZ DEVELOPMENT, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS, OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROPERTIES INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROPERTIES, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. |
| 14. General Terms and Conditions |
| 14.1 Indemnification |
| You agree to indemnify, defend, and hold harmless OZ Development, its officers, directors, employees, agents, licensors, suppliers, and any third party providers from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Properties. |
| 14.2 Reservation of Rights |
| Any rights not expressly granted herein are reserved. |
| 14.3 International Use |
| You agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. |
| 14.4 Applicable Law and Arbitration |
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The laws of the State of Massachusetts will govern this Agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Middlesex County, Massachusetts. Any claim or controversy arising out of or related to this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude us from seeking any injunctive relief for the protection of our rights. |
| 14.5 Entire Agreement |
| This Agreement sets forth the entire understanding and agreement between you and OZ Development with respect to the subject matter hereof. |
| 14.6 Severability |
| If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. |
| 14.7 Assignability |
| You may not assign this Agreement without our consent. |
| 15. Contact Information |
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If users have any questions or suggestions regarding this Agreement, please contact us at:
OZ Development, Inc.
Phone: 508-366-1969 |