Terms

Terms & Conditions

Please read this agreement carefully before using the Website. These are the Terms and Conditions ("the Terms") which govern your use of oziomedia.com ("this/ the Website" or "this/ the Site"). This document contains our Terms and Conditions (hereinafter referred to as "Terms" or "Agreement"). It constitutes a legally binding contract by and between you, the visitor or user, and Ozio Media Inc, a Maryland Corporation ("we" or "us"), the owner and operator of oziomedia.com ("this/ the Website"). As a condition precedent to you being able to use any of the content, commercial activities, tools, functions and services provided to you herein, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any content or component of this Site, or engage in any commercial activities herein, or use any tools, functions or services that this Site offers, or view any text, video or graphics, or stream or download any content, such activity on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement, you must leave this Site at once and do not use any services provided by the Site.

1. Description of Service; Minimum Age Requirement

1.1 Description of Service. Ozio Media recruits qualified ghost writers (freelance writers), editors, proofreaders and other skilled individuals, matches them with content assignments in order to offer them the opportunity to earn money for providing custom content to our clients. We are a neutral third party and as such we will not be held responsible for the accuracy of any information developed by Contributors at oziomedia.com. Under no circumstances will the Website be responsible for any loss or damage resulting from any User's reliance on information or other content posted or transmitted on or through this site. We provide this Website on an as-is basis and grant no warranties of any kind. We do not warrant that your use of this site will be secure, uninterrupted, always available, error-free, or will meet your requirements.

1.2 Age Requirement. You must be at least 18 years old to use or enroll in the Service.

2. Variation

2.1 Procedure. We may update these Terms from time to time and will notify you of any changes by making a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new terms you should not continue to use the Website and you may cancel by contacting our Customer Support Department. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.

2.2 Your Obligation to Stay Current. It is critical that you keep your email and other contact information correct and updated at all times. In addition, we strongly encourage you to check back regularly to review these Terms at least once every 30 days.

3. Termination

3.1 A User may voluntarily cease to be a User at any time on Notice to Ozio Media of not less than five (5) business days.

3.2 We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Site at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of our services at any time, including the availability of any service feature, database, or content, without prior notice or liability. We reserve the right to remove and/or edit any material that you submit to us for any reason without prior notice to you and without liability to us. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you.

3.3 Notwithstanding termination of a User for any reason, the User will remain liable to pay to Ozio Media any sum due and owing hereunder, and for that purpose the User covenants and agrees that the obligations arising from these Terms will survive termination for any reason.

3.4 Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

3.5 Effect of Termination. Upon termination of the Service, these Terms will also terminate between you and Ozio Media, except that the following provisions survive the termination: Section 6 Limitations, Section 9 Sales and Licensing, Section 12 Miscellaneous and the Privacy Policy.

4. Intellectual Property

4.1. The content of the Website (including but not limited to graphics, logos, images and software) is subject to the terms of this Agreement. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Ozio Media. For clarity, this includes any titles, projects, ideas or assignments that are listed on the Site or are provided to you via any other means by Ozio Media.

4.2. No license is granted to you in these Terms to use any trade mark of Ozio Media or its affiliated companies.

5. User Conduct

5.1. You may not use the Website for any of the following purposes:

• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• access, tamper with, "hack", or use services or areas of the Service that you are not authorized to access;
• interfering with any other person's use or enjoyment of the Website;
• access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful;
• use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information available from the Service;
• frame any part of the Service or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by us;
• impersonate or misrepresent your affiliation with any person or entity;
• reverse engineer any licensed software, application or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
• send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
• take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service;
• use, appropriate, borrow, steal, contribute, redistribute or the like, any Service Content (including, without limitation, any titles, assignments, training materials or projects), or any derivations of Service Content, outside the Site or on any other Website or service.

6. Limitations

6.1 The Website is provided by Ozio Media without any express or implied warranties or guarantees. You must bear the risks associated with the use of the Internet.

6.2 The Website provides content from other Internet sites or resources and while the Website tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Ozio Media will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If Ozio Media is informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.

6.3 Ozio Media reserves the right to refuse to post material on the Website or to remove material already posted on the Website.

6.4 The Website and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

6.5 We do not assume any liability for any viruses or any other disabling features that affect your access to or use of the Website.

6.6 We do not assume any liability for any incompatibility between the Website and other Websites, services, software and hardware.

6.7 Ozio Media assumes no liability for any modification, suspension or discontinuance of any of its Websites, domain names or services.

6.8 WE ASSUME NO LIABILITY FOR ANY USE OF THE Website INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER ARISING FROM ANY LOSS OF PROFITS, LOSS OF REVENUE BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHERWISE.

6.9 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.

7. Availability of the Website

7.1 Although the Website aims to offer you the best service possible, Ozio Media makes no promise that the services at the Website will meet your requirements. Ozio Media cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to our Customer Support Department.

7.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Website will attempt to restore the service as soon as it reasonably can.

8. Application Process and Submissions

8.1 Application Process. The Service enables you to submit an application to be a Contributor to Ozio Media ("Application"). You may apply by sending us your application materials, including your resume and biographical information ("Application Materials"), and your work samples ("Work Samples"). Except as otherwise provided in these Terms, we will only use your Application Materials and Work Samples to evaluate your Application, to protect our rights and the rights of third parties, and to operate Ozio Media's business. Once you submit your Application to Ozio Media, our staff will endeavor to review your Application Materials and Work Samples. If we determine that you are qualified and have an appropriate assignment for you ("Assignment"), we will notify you of the Assignment(s) that are available. You represent, warrant, and agree that: (a) your Work Samples were created solely by you, do not include confidential information, you have all necessary rights to submit them to us, and they do not and will not infringe or violate any third party rights; and (b) your Application Materials are true and not misleading in any respect.

8.2 Assignments. If you have been accepted by our staff, any Assignment you perform for us will be governed by our Contributors Agreement and, if applicable, any separate documentation executed by both you and us.

8.3 Independent Contractors. Each Contributor acknowledges and agrees that the relationship between Ozio Media and the Contributors is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Contributors; or (2) between us and any Contributor.

9. Sales and Licensing

9.1 As an essential condition of these Terms, each Contributor grants to Ozio Media a worldwide, irrevocable, royalty-free, perpetual license to use any content or any other material posted or used by such Contributor on the Website, for any purpose or function, including for the purpose of offering the Services through the Website. This license includes, but is not limited to, the right to post parts of any content on the Website in order to indicate to potential Purchasers the material provided, in order to allow potential Purchasers to asses the value of any Content.

9.2 Contributors may only upload original Content, created by or on behalf of a Contributor, and to which the Contributor has sufficient Intellectual Property Rights (including but not limited to copyright) to Sell such content to a Purchaser.

9.3 All Content posted must be an original work, i.e. it may not be created in breach of any Intellectual Property Right of a third person. Translations and rewrites of content provided by a Purchaser are, for the purpose of these Terms, not considered original works.

9.4 Only the Contributor is responsible for any content posted by him/her.

9.5 The provisions of the Terms do not limit, restrict or impact applicable law, such as but not limited to the rules on fair use of copyrighted material.

9.6 The Contributor will at all times advise Ozio Media of specific restrictions and changes in restrictions, howsoever caused, with respect to the sale or export of the Works arising under all applicable export control laws and regulations;

9.7 None of the Content nor any website of the Contributor will violate any applicable law or regulation or otherwise contain any viruses, Trojan horses, malware, spyware, adware or other disruptive software, or any software code which is designed to disrupt, damage, or perform unauthorized actions on a computer system, or which transmits data from a user's computer without notice to and the express prior consent of the user;

9.8 The Contributor will use best efforts to ensure that Ozio Media has at all times current, valid contact information, including without limitation current names, electronic mail addresses and telephone numbers for all corporate, technical support and customer support matters;

9.9 The Contributor will not to make any warranty or representation on behalf of Ozio Media, or otherwise represent to any person that the Contributor (and those for whom the Contributor is in law responsible) is or are Ozio Media agents.

9.10 Each Contributor irrevocably commits to a Purchaser that the Contributor will never assert any moral rights against the Purchaser on any Content Sold to that Purchaser. Each Contributor specifically waives the right to be named or recognized as the author of any Content Sold.

9.11 A Contributor performing any Assignment and offering Content for Sale to a Purchaser through the Website, in accordance with these Terms, offers to Purchaser to assign all assignable copyright in the Content. As a result, such Purchaser will be able to use the Content purchased as if it was Purchaser's own copyrighted material. The assignment described as "Sale" herein, is the widest assignment possible under applicable law, including but not limited to, for the avoidance of doubt, the irrevocable right to copy, distribute, use, create derivative works of, reproduce, in any technological format, existing today or to be developed in the future, including the right to sue for infringement, both for the past and the future, in the widest sense possible, as well as the right to prevent any third party to do any of the foregoing. To the extent the foregoing assignment is limited in any way whatsoever by applicable law, as a result of new technological developments or for any other reason, the Contributor hereby grants the Purchaser a worldwide, exclusive, irrevocable, fully paid-up, royalty-free license to any right in the Content that may not be included in such assignment.

9.12 Each Contributor irrevocably commits to a Purchaser that any material in Content Sold, to the extent it is not fully assigned, will not be re-used in any other material or Content, or will not be assigned or licensed to any third party, in a manner that would constitute a breach of copyright of the Content.

9.13 Confidentiality. Contributors may be given access to various trade secrets, copyrighted information and other proprietary information and content ("Protected Content"). Such protected content may be ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing party provides regarding third parties. Delivery of such protected content may be via text, audio, video, graphics or other formats. You agree to keep confidential our products and services, including but not limited to URLs, parameters, data reported, revenues earned and the look, feel and functionality of the products and services.

All Contributors agree as consideration to their being granted access to Protected Content, that they will keep such Protected Content secret and confidential. This means that Contributors may not divulge, distribute, reproduce, sell, lease, give away, copy, broadcast or in any way allow any third party or entity to have access to any element of the Protected Content. Violation of this obligation of confidentiality will be construed as a violation of various laws, including, but not limited to, trade secret laws, as well as a violation of this Agreement, and a violation of other related laws such as patent, copyright and other intellectual property laws. Naturally, no Contributor may use any element of the Protected Content for commercial use that is not authorized in writing by the owner of the Protected Content. This provision shall survive the termination of any Contributor.

9.14 Ozio Media DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF SATISFACTORY QUALITY, AUTHORABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY PROMISE OF ANY LEVEL OF SUCCESS WITH RESPECT TO ANY PROJECT, IN PART OR WHOLE.) Ozio Media DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO THE USE AND PUBLICATION AND TRANSMISSION OF CONTENT, WHETHER IN AN ACTION BASED IN CONTRACT OR IN TORT, EVEN IF Ozio Media HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Procedure in Case of Alleged Infringement

10.1 Ozio Media encourages users to report any alleged abuse or infringement of any rights (including but not limited to Intellectual Property Rights) by any Content or any other material posted on the Website or provided as part of the Services offered by Ozio Media.

10.2 Such report must contain all appropriate information allowing Ozio Media to usefully assess whether there is a realistic risk that any abuse or infringement has taken place.

10.3 Ozio Media will have the right, but not the duty, to take any appropriate action as it deems fit, in its absolute discretion, resulting from such report. Such action may include disclosing the identity and Personal Data of the alleged infringing User to the User claiming abuse, in order to allow such User claiming abuse to take appropriate steps against the alleged infringing User. Ozio Media will never be liable for such disclosure, or its possible effects or consequences.

11. Privacy Policy

11.1 Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.

12. Miscellaneous

12.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

12.2 If you breach these Terms and Ozio Media ignores this, Ozio Media will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.

12.3 Ozio Media shall not be responsible for any breach of these Terms caused by circumstances beyond its control.

12.4 If any provision of the Agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected.

13. Definitions

13.1 Content: Content material offered for Sale on the Website, which will typically consist of copywriting material, such as would commonly be used for blog posts, website content, press releases by owners or publishers thereof. Ozio Media may include new categories of content material into this definition at any time.

13.2 Intellectual Property Rights: means rights of exclusive or restrictive use, such as patents, designs, models, drawings, copyrights, software rights, database rights, trade marks, services marks, know-how, web domain names, trade names (all whether registered or not, and including any applications thereto) and in general all rights of a same or similar nature, anywhere in the world including all extensions, reversions, revivals and renewals thereof.

13.3 Purchaser: a User who purchases Content through the Website.

13.4 Sale (and conjugations like "Sold" or "Sell"): the transfer, assignment or licensing of certain Intellectual Property Rights as further described in section 9 of these Terms.

13.5 User: means a user of the Website, who has accepted these Terms and Conditions through the use of the Services or Website.

13.6 Website: The Website through which Ozio Media offers its services online, currently www.oziomedia.com, or any successor or other url indicated by Ozio Media from time to time.

13.7 Contributor: a User who offers Content for Sale through the Website including but not limited to writers, proofreaders, and editors.

Last updated Mon, 05 Jan 2015 06:38