TERMS AND CONDITIONS

These Terms and Conditions and any documents referred to herein set out the terms and conditions on which you are permitted to use our website, www.oozfans.com (our website). By using our website, you agree to be bound by and comply with these Terms and Conditions. 

These Terms and Conditions are effective from 2nd March 2023.

Please read these Terms and Conditions carefully. We recommend that you print off a copy of these Terms and Conditions for your records and any future versions of them, as we may update them occasionally. If, for any reason whatsoever, you do not agree to these Terms and Conditions or do not wish to be bound by them, you must not access or use our website.

OUR DETAILS:

OOZFANS (we, our and us) operates the website.

OOZFANS is an online subscription-based platform that allows creators to showcase their work efficiently.

Our contact email address is support@oozfans.com.

Your responsibility to others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms and Conditions and all other documentation referred to in them and that such persons also agree to be bound by and to comply with these Terms and Conditions.

Other documents governing your use of our website

In addition to these Terms and Conditions, your use of our website is also governed by the following documents:

Our privacy policy is available at www.oozfans.com. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights about your information.

Our cookies policy is available at www.oozfans.com. Our cookies policy governs our website's use of cookies and similar technologies. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

By accessing and using our website, you agree to be bound by the terms and conditions; you acknowledge that we will process your information by our privacy policy and our use of cookies and similar technologies by our cookies policy.

Availability of our website

We make no representations and provide no warranties that:

·         the website will be made available at any specific time or from any specific geographical location;

·         your access to the website will be continuous or uninterrupted; or

·         the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or resolving any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period, we will try to provide you with prior notice, where reasonably practicable.

Changes we may make to these Terms and Conditions and other documentation

We reserve the right to update these Terms and Conditions, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms and Conditions and other documentation for any reason, including:

a)       to reflect any changes in the way we carry out our business;

b)      to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to how we provide notices to you, or any changes in the content, purpose or availability of the website;

c)       to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

d)      to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

e)      to ensure that our documentation complies and remains compliant with any current and future applicable laws, regulations and official guidance.

If required by law, we will provide you with notice of any changes in these Terms and Conditions or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms and Conditions or other such documentation on our website with a new effective date stated at the beginning of them.

By continuing to access our website after we have updated our Terms and Conditions and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or cookies policy, the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

You must check these Terms and Conditions and all other documentation referred to in them each time you access our website to ensure that you are aware of the terms that apply to you at that time.

The date that these Terms and Conditions and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document. It is referred to as that document’s “effective date”.

Your account details

Suppose we provide account information such as a username, identification number, account code and/or password. In that case, you must keep it confidential and secret and not disclose it to anyone. All account information is provided for the use of the named account holder only and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

Where we provide you with the option to select your login information, including a password, we recommend that you supply login information unique to your use of this website and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide us upon registration and at other times will be true, accurate, current, and complete. You agree to update your information to maintain its truth and accuracy.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account or any unauthorised disclosure of your login information.

Suppose you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosing such information to any third party. In that case, you must immediately change your password. If you cannot change your password, you must immediately notify us by email at support@oozfans.com.

Ownership of material on our website

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are owned by or licensed to us. All such rights are protected by intellectual property laws worldwide, and all rights are reserved. Any use of the website and its contents other than as specifically authorised herein is strictly prohibited. We reserve any rights not expressly granted herein.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, "Third Party Mark(s)") may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms and Conditions, or terms provided by the owner of a Third-Party Mark, nothing in these Terms and Conditions or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third-Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from using our trade marks will benefit us exclusively.

Information and content on our website provided on a non-reliance basis

Our website is made available to you to provide general information about us, our business, and any products or services we offer from time to time. We do not make our website available for other purposes except as expressly provided in these Terms and Conditions.

The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up-to-date or complete.

ACCEPTABLE USE POLICY:

Permitted use of materials on our website

The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes. You may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website; you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools to extract or reproduce any data or content from our website without our prior written consent.

Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors, wherever credited by us) when you pass on such content or materials.

Prohibited uses of our website

You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions.

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our website for lawful purposes only and by these Terms and Conditions. You must not use our website:

a)       for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

b)      for any fraudulent purposes whatsoever;

c)       to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

d)      to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

e)      to communicate with, harm or attempt to harm children in any way; or

f)        in any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.

You must not submit any information about yourself to us if you are under the age of 18 or about any other person who is either:

g)       under the age of 18; or

h)      if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.

You must not submit any information considered ‘sensitive personal information’ to us. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

Suppose you accidentally or intentionally submit such information to us. In that case, you will be considered to have consented to our processing of that information based on Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

Viruses and other harmful content

We do not guarantee that our website does not contain viruses or other malicious software. However, we make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

We shall not be responsible for any bugs or viruses on our website, any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

You must ensure up-to-date and adequate anti-virus protection on your computer or another browsing device.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

It would be best if you did not use any third parties, software or technology to attempt to gain unauthorised access to our website, servers, systems, hardware, software or data.

You must not perform any action which would contravene the Computer Misuse Act 1990.

We may report any breach or suspected breach of this clause (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

Links to other websites

Links to third-party content or websites may appear on our website from time to time.  We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside our control. We do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

Any third-party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third-party website linked to our website, and we disclaim any liability. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

Links to our website

You may not link to our website without our prior written consent.

Where you have obtained our consent to link to our website:

a)       you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms and Conditions;

b)      wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

c)       you must not link to our website to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and, in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. If we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. Suppose applicable law does not allow all or any part of the below limitations of liability to apply to you. In that case, the limitations will apply to you only to the maximum extent permitted by applicable law.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

a)       YOUR USE OF OUR WEBSITE;

b)      ANY CORRUPTION OR LOSS OF DATA;

c)       ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

d)      ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

e)      ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

f)        ANY LOSS OF REPUTATION OR GOODWILL;

g)       ANY LOSS OF SAVINGS;

h)      ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

i)        ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOUR FAILING TO FOLLOW INSTALLATION INSTRUCTIONS CORRECTLY OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US. YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this clause (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

a)       your uploads, access to or use of the website;

b)      your breach or alleged breach of these Terms and Conditions;

c)       your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

d)      your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

e)      any misrepresentation made by you.

You will cooperate as fully required by us to defend any claim. We reserve the right to assume the exclusive defence and control of any matter subject to your indemnification. You will not, in any event, settle any claim without our prior written consent.

DISCLAIMERS

THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

a)       THE SERVICE;

b)      THE WEBSITE CONTENT;

c)       USER CONTENT; OR

d)      SECURITY IS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.

BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

AGE RESTRICTIONS ON THE USE OF OUR WEBSITE

Our website and any products or services available on or via the website are not intended for use by individuals under 18.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.

We do not knowingly or intentionally process information about any individual under 18.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions, any documents they refer to, any disputes arising from or about them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed by English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or about these Terms and Conditions and any documents they refer to.

COPYRIGHT

The copyright in these Terms and Conditions is owned by or licensed to us and is protected by copyright laws worldwide and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

CONTACT INFORMATION:

If you have any questions regarding the terms and conditions of this website, please get in touch with us by any of the following means;

Web: www.oozfans.com

Email: support@oozfans.com

© All rights reserved.                                                                                                                    March 2023.