End User License Agreement

The Agreement

This contract is made between you, the user, and OZ Sports Inc. (hereinafter referred to as “OZ Sports”, “OZ”, “we”, “us”, “our”), the proprietor of www.oz.com (hereinafter referred to as the “website”). The contract applies to your use of all OZ services, websites and/or software applications and any feature found there within (hereinafter collectively referred to as “the service”). By completing the sign-up and agreeing to these terms and conditions found within this contract you declare that you have read and fully understood this contract and that you agree to be bound by it and any other document it may refer to, e.g. our Privacy Policy, (hereinafter these documents will be collectively referred to as ‘the agreement’).

Changes to the Agreement

OZ reserves the right to amend, update or adjust the agreement and shall publish the amended version of the agreement on its website and/or through its services. By continuing to use the service after the publishing of the amended version you acknowledge and agree to any and all amendments to the agreement.

Service Description

OZ is a simple way to subscribe to and view video content on your smartphone, tablet, browser or any other device with an OZ client. Other services enable you to create 10 second clips (hereinafter referred to as ‘moments’) to share on social media and browse through moments posted by other users. Some of these services require a paid subscription.

You are responsible for all hardware, systems and/or softwares used and all appropriate fees and costs that might incur when you use the internet to access and use the service, including but not limited to all costs of data streaming.

Registration Requirements

To use the service you must sign up by supplying to OZ necessary personal information for identification. You agree to give the most recent and accurate information required at sign up and to update this information accordingly. OZ will use this information in accordance with its privacy policy, which can be found on this website.

You agree not to give access to your username, password and/or account to anyone. Furthermore you agree not to access and/or use the service by using a username, password and/or account of anyone else than yourself.

You agree not to hold OZ or any of its licensors responsible for any injury, as well as to hold OZ and its licensors free of any injury caused by any inappropriate, unlawful, or illegitimate use of your username, password and/or account. This includes, but is not limited to, any inappropriate, unlawful, or illegitimate use of any person or entity that you have authorized to use your username, password and/or account.

Use of Service & Software

You are only authorized to use the service in accordance with the agreement as well as any other terms and conditions that can be specified for a certain technology or feature of the service. The OZ software is licensed, not sold or given, to you. OZ retains ownership of all copies of the OZ software after the installation on any device.

All software you access or use within the service or through it (hereinafter ‘the software’), is subject to laws of the State of California, including but not limited to its copyright law. Your use of the software is restricted to all terms and conditions of the agreement and any other valid licenses and/or agreements of the user concerning the service. You agree not to attempt any modification of the software or its functions.

You acknowledge and agree that the video and audio content belongs to a third party (hereinafter referred to as “the content”), a partner of OZ or a licensor, and accordingly enjoys copyright under the applicable law. You acknowledge and agree not to download, copy, change, publish transfer, retransfer, distribute or in any other manner use the content beyond what it is clearly provided for in the agreement and/or any terms and conditions of the appropriate licensor. You declare that you acknowledge and agree not to authorize, encourage or tolerate download, copy, change, publish transfer, retransfer, distribution or any other third party use of the content and agree that you will take all reasonable means necessary required to prevent such unlawful use.

OZ is not responsible for any effect on or interruption of services caused by the providers of any internet connections.

You acknowledge and agree that your access to and/or use of the service is subject to limitations.

You agree not to do anything (such as bypass, decode, modify, rebroadcast, etc.) that will infringe the intellectual property or other proprietary rights of OZ, third party software providers, content providers, intellectual property right owners and/or licensors.

Subscriptions

To gain full access to the service on OZ you must subscribe to it. You agree and acknowledge that these subscriptions, unless specifically stated otherwise, are subject to a subscription fee which is charged on a recurring monthly basis. OZ does neither warrant the quality nor quantity of the content available on the service you subscribe to. OZ does not warrant the frequency of new content made available on the channel you subscribe to. You agree that your only and exclusive remedy for any dissatisfaction with the Content made available on the service to which you subscribe is to unsubscribe to said service. OZ shall have the right to charge the subscription fee for the month in which you unsubscribe to the service.

Day Passes and Pay-Per view

You can also access the service on OZ via Day passes or Pay-Per view (PPV) events. You Agree and acknowledge that these Day Passes and PPV, unless specifically stated otherwise, are subject to a one time payment which is charged immediately. OZ does neither warrant the quality nor quantity of the content available on the service you buy access to. In order to provide the highest customer satisfaction possible, we will refund the purchase price paid for any Subscription Product, not for Day Passes or PPV events.

Schedule & Program Information

OZ will use best efforts to provide its users with accurate and correct schedule and program information, derived from third party sources. OZ does not warrant and cannot guarantee the accuracy of this information. You acknowledge and agree that OZ is not responsible for any injury this might cause you or any third party.

Patents, Trademarks & Copyrights

All trademarks, business terms, logos, slogans, or any other source material, presented in the service, in relation to the service or related pages and apps, are the sole property of OZ, its partners and/or a license holder. You acknowledge and agree not to copy, publish and use any such material in any manner, commercial or non-commercial, without a prior written approval from its owner.

Copyright Infringements

You acknowledge and agree that if OZ, its partners and/or licensors have a reasonable suspicion or receive a notification claiming that you are in breach of the agreement or that your use of the service or it’s content is violating OZ’s or any other parties copyrights, OZ can, with or without notifying you, revoke your access to the service either for a short term or permanently. In such an event OZ reserves the right to deny any refund or claim you may hold against OZ, its partners and/or licensors.

Resale Prohibited

In addition to the limitations stated above, you acknowledge and agree not to copy, distribute, sell or resell or use for commercial purposes, any parts of the service, including but not limited to the content found on the platform or your username, passwords and/or user account. You acknowledge and agree that the content made available to you through the service is only for personal use.

Changes in Service

OZ reserves the right to change it’s access fee, prices and the service itself or any of its parts, temporarily or permanently, at any time. You acknowledge and agree not to hold OZ, its partners and/or licensors liable for any injury caused by changes, delays or loss of service in relation thereto.

Legal Remedies and Limitation

You acknowledge that all unlawful use of the service might cause irreparable injury to OZ, its partners and/or licensors, that monetary damages might not be able to compensate. In such an event OZ, its partners and/or licensors reserve the right to use any lawful remedy, including but not limited to obtaining an injunction for and against you. Nothing in this clause nor the agreement should be interpreted as a limitation to this right or any remedies provided for by the law and enjoyed by OZ, its partners and/or licensors, including but not limited to any violation of intellectual property rights.

You agree that, to the extent permitted by the applicable law, your only and exclusive remedy for any problems or dissatisfaction with the OZ service is to uninstall the software and stop using the OZ service on all devices. In no event will OZ, its employees, shareholders, directors, subsidiaries, licensors, partners or affiliates be liable for any direct or indirect damages based on the inability to use the OZ service regardless of legal theory and regardless of whether OZ has been warned of the possibility of those damages.

Indemnity

You agree to indemnify and hold OZ, its employees, agents and directors, its partners and/or licensors harmless on demand from and against any and all losses, costs, actions liabilities, demands, proceedings, claims, damages and expenses caused by your breach, non-performance or non-observance of the obligations and limitations under this the agreement. This provision shall continue in full force and effect notwithstanding termination or cancellation of this agreement.

Termination, Cancellation and Changes to Subscriptions

OZ is permitted to unilaterally cancel the agreement, partially or wholly, or revoke your access to the service at any time with or without prior notification if OZ, its partners and/or licensors have a reasonable suspicion or receive a notification claiming that you are in breach of the agreement or that your use of the service or it’s content is violating OZ’s or any other parties rights under the agreement or the applicable law.

If OZ decides to cancel the agreement or revoke your access to the service temporarily for any reason you agree not to hold OZ liable for any injury in relation thereto.

You can cancel your subscription to the service by using the designated feature on the website. Your cancellation will become effective at the end of the payment period in which you declare the cancellation and receive from OZ a confirmation of cancellation.

Warranty

You acknowledge and agree that your use of the service, content, software and any other material is entirely your responsibility. You acknowledge that the service, content and software are provided “as is” and without express or implied warranty or condition of any kind by OZ or any of its partners or licensors. You acknowledge that you use the service at your own risk. No warrant is made that the service, audio or servers meet your standards or that your use will be uninterrupted or error free. You agree not to hold OZ, any of its partners and/or licensors liable for injury caused by your access to the service, including but not limited to any damage to any systems, hardware or other software you are using. OZ is in no event responsible for your unlawful and/or prohibited use of the service, content and/or software. You acknowledge and agree that no information in any form obtained by you or a third party from OZ, its partners and/or its licensors shall establish a warranty of any kind on behalf of OZ, its partners and/or its licensors with regard to the above.

Governing Law

This agreement, and any other agreement and/or document referred to within in this agreement and/or any future agreement and/or document made between you and OZ, collectively form your agreement OZ which govern your use of the service unless explicitly stated otherwise. You are fully aware of and agree that, unless explicitly stated otherwise, this agreement does is in no event provide any individual or entity, other than the parties to this agreement, any rights, warranties, terms, conditions or remedies. If any part of this agreement becomes void or unenforceable it shall be interpreted in accordance with the governing law so it may stipulate the original intent of the parties to it. All other parts of the agreement shall remain in full force.

This agreement and your use of the service is governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

 

Now, let’s go enjoy OZ.

Version 3.0, 18th day of February 2018. For any questions or (hopefully positive) feedback, please contact legal@oz.com