OSOM Terms of Service
Welcome to the OSOM website. These Terms of Service (“Terms”) apply to osomprivacy.com and any affiliated websites, all email newsletters published or distributed by OSOM, all OSOM Chronicles, and all other interactive features, services (“Services”), and communications (collectively, the “Sites”) provided by OSOM that are operated, made available, produced or maintained by OSOM (“we,” “us”, or “our”).
By using our Sites and Services, you are agreeing to these Terms. Please read them carefully. This is a legal agreement between you and us that states the material terms and conditions that govern your use of the Sites. If you are using our Sites and Services on behalf of an organization, that organization accepts these terms.
The software and other technology we use to provide the Sites and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These terms don’t give you the right to use the OSOM logos, trademarks, domain names, or other brand features.
Using Content on the Sites
Except as otherwise noted, all content on the Sites is the sole property of OSOM, our vendors, and our partner organizations, and is protected by copyright, trademark and other law.
It is our policy to allow limited reproduction and distribution of the Content posted on the Sites in accordance with the following guidelines. You may copy, reproduce and distribute Content from the Sites provided that (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notice; (2) all copies include a statement that the Content was reproduced from a OSOM website with permission of OSOM and include the notice “(c) [insert current year] OSOM. All Rights Reserved”; (3) the copies are distributed only for non-commercial educational or public policy; and (4) the copies are distributed at no charge. Notwithstanding the foregoing, except as authorized by the copyright laws, you are solely responsible for obtaining permission before re-using any third party copyrighted materials that are available on the Sites.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Content on our Sites, without prior written authorization from OSOM (and, as applicable, any third party copyright owners of such Content).
All trademarks, service marks and trade names of OSOM (including, but not limited to, the OSOM name, any logos, the Sites’ names, the Sites’ design, and all other names of OSOM programs referenced herein or on the Sites) (collectively, the “Marks”) are registered or common law trademarks of OSOM. In no event may the Marks be reproduced separately from the textual content associated with them on the Sites. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement. Unauthorized use of any Marks may be a violation of federal and state law.
Misuse and Interference
You agree that you will not misuse our Sites. You agree not to (1) use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission; (2) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (3) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; (4) bypass any measures we may use to prevent or restrict access to the Sites; or (5) use the Sites for any purpose prohibited by law.
Some of our Sites are available on mobile devices. Do not use such Sites in a way that distracts you and prevents you from obeying traffic or safety laws.
You agree that you won’t attempt to or in fact do the following to the Services: probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Services, areas of the Services you haven’t been invited to including OSOM’s or our service providers’ computer systems; or commercialize, reproduce, modify, translate, create any derivative works, circumvent, disable, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Services.
Modifying and Terminating our Sites and Services
We are constantly changing and improving our Sites and Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You may stop using our Sites and Services at any time. We may also stop providing our Sites or Services to you, or add or create new limits to our Sites and Services at any time.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSOM MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU’RE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Sites
OSOM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES.
You agree that you will hold harmless and indemnify OSOM and its affiliates, officers, directors, employees, and agents from any claim, suit or action arising from or related to the use of the Sites, Services or Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. This defense and indemnification obligation will survive these Terms and your use of the Sites.
Changes to these Terms
We may modify these terms or any additional terms that apply to the Sites and Services to, for example, reflect changes to the law or changes to our Sites and Services.. You should review these terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use.
These terms control the relationship between you and OSOM. They do not create any third party beneficiary rights.
You agree that the Sites shall be deemed to be solely based in California, and that the Sites shall be deemed passive websites that do not give rise to personal jurisdiction over OSOM in jurisdictions other than California. These Terms shall be governed by and construed according to the laws of the State of California, without reference to its choice of law principles. Any claim or cause of action arising out of or relating to the Sites shall be brought in the state or federal courts located in the Northern District of California and you hereby agree to the jurisdiction and venue of those courts for any such dispute. Any such claim or cause of action shall be barred permanently unless such claim or cause of action is brought within one year after it arises.
Where possible, these Terms shall be interpreted in such manner as to be effective and valid under applicable law. Should any part of these Terms for any reason be declared invalid or void, such decision shall not affect the remaining portion which will remain in full force and effect.
This is the entire agreement between us relating to your use of the Sites and supersedes any prior understandings or agreements, written or oral. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by OSOM.
OSOM has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms. In addition, we reserve the right to seek all remedies available at law and in equity for violations of these Terms.
The Sites are provided by OSOM, which is located at 21701 Stevens Creek Blvd #2270, Cupertino, CA 95015. If you have any questions about these Terms you can email us at email@example.com
Last revised: March 17, 2021
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