Oosah - Terms & Conditions

Oosah Terms & Conditions of Service and Use

Effective as of October 4, 2008

Welcome to Oosah.com (Oosah Inc). Please read the following Terms and Conditions of Service and Use (the “Terms”) carefully. These Terms contain important information regarding your rights, obligations and restrictions in connection with your use of the Site (as defined below). By visiting or using Oosah, you accept and agree to be bound by these Terms, whether or not you are a Registered User, unregistered User, or other visitor to Oosah. If you do not agree to these Terms you may not use Oosah, and you may not register as an Oosah Registered User.

You agree that Oosah in ITS sole discretion may modify the Terms from time to time, and without prior notice. Any modification of the Terms will be posted on the site, and will become effective immediately upon such posting. Your use (including continued use by previously registered users) of the Site after posting of the amended Terms indicates your acceptance of and agreement to be bound by the amended Terms.

These Terms apply to all Services and all uses of the Site and/or Services provided by Oosah and/or its subsidiaries or affiliates through or in conjunction with the Website.

1. Definitions

The following definitions apply throughout, unless otherwise indicated, and apply with equal effect throughout whether capitalized or not.

a. The terms “Oosah”, “we,” “us,” and “our” refer to Oosah Inc., and/or any subsidiaries or affiliates of Oosah Inc.

b. The term the “Site” refers to the Oosah website (www.oosah.com), together with the services provided from time to time on the Site by Oosah or Oosah’s subsidiaries and/or affiliates.

c. “User” refers to any individual or organization of any legal form that uses the Site.

d. “Registered User” refers to any individual or organization of any legal form that completes the Oosah registration process.

e. Upon completion of the registration process each User is assigned an “Account”. Registered Users may only access their Content by logging into their Account.

f. “Commercial Account” refers to a type of account that permits the Registered User associated with that account to use the Site for “Commercial Purposes.”

g. “Commercial Purposes” means any use of the Site to promote, enable, or enhance any business enterprise, including any website associated with a business enterprise.

h. “Content” refers to any text, images, pictures, videos, music, or other audio material, profiles, or any other information placed on the Site by any User.

i. “Subscription Services” refer to certain services provided on the Site by Oosah for which Registered Users are required to pay a “Subscription Fee,” as set forth in Section 8 below.

2. Description of the Site

The Site provides Users with the ability to upload, host, create, manage and share Content. They can also use the Site to create and share original multimedia presentations using features of the Site. Content can be shared from Oosah using a variety of methods including email, SMS, linking and/or embedding in blogs or other websites, downloading to CD/DVD-ROM, podcasting, etc. The methods of sharing may vary from time, including for reasons outside of Oosah’s control. Oosah reserves the right to change, including remove, features, capabilities or services IN its sole discretion at any time.

3. Requirements for Using Oosah

In order to use Oosah, you understand and agree to the following:

a. You must be at least 13 years old to register with or use Oosah. By using the Site, or registering, you represent and warrant that you are at least 13 years old and that you have the right, authority, and capacity to agree to, and abide by, the Terms. Oosah reserves the right to cancel the account of, and delete the profile and any Content or information posted by, any user under the age of 13 years without prior notice.

b. On registering you must submit a valid e-mail address and select a password and user name that comply with Oosah’s requirements;

c. You are solely responsible for maintaining the confidentiality of your User name and password, and all uses of your account;

d. You will not allow others to access or use your account;

e. You will notify Oosah immediately of any unauthorized use of your account;

f. You will at no time engage in or allow your account to be used for any prohibited use (see below);

g. You will not use Oosah for commercial use without subscribing for a Commercial Account; and

h. Unless you are a subscriber for a Commercial Account, you must be an individual. Organizations, companies, and/or businesses may use the Site only to the extent they subscribe for a Commercial Account, as further described in Section 7 below.

You agree that you will not hold Oosah, or any of its Subsidiaries or Affiliates liable for any loss or damage for any non-compliance on your part. Oosah reserves the right to refuse access to the Site to any user, for any reason, in its sole discretion.

You understand, and agree that, unless expressly stated, Oosah in no way controls, verifies, or endorses any of the information contained on or in the Site, including specifically any Content posted, published, or shared by any Users.

By using the Site, you permit Oosah to collect (and to use data so collected) from you and other Users for statistical, analytical, and/or reporting purposes.

4. Proprietary Rights & Limited License

You agree that all Content on or available through the Site, including but not limited to, photographs, video images, music/audio files, text and graphics elements, and software are the property of Oosah, or of its Users, as appropriate. Except for Content owned by you, no Site content may be modified, copied, distributed, downloaded, reproduced, republished, transmitted or used by you in any way not explicitly permitted in writing by Oosah or the legal owner of the content. You further agree that Oosah retains all rights to all software, methods, tools, procedures, icons, and other items used to provide the Site, except that Oosah grants you a limited license, which may be revoked by Oosah at any time in its sole discretion, to use the Site to upload, store, share, manage, distribute and create your Content, subject to the other Terms provided herein, or as later amended by Oosah.

5. Registration

In order to use certain features of the Site, you must register with Oosah. Upon successful completion of the registration process you will become a “Registered User.” As part of the registration process, you agree: (a) to provide certain information about you as requested by Oosah, and (b) that all such information is current, complete and accurate. You further agree that should this information at any time become inaccurate or out-of-date, that you will update it. The information requested upon initial registration (or as later updated) is referred to as “Registration Information.” Oosah reserves the right to delete or terminate without notice accounts created by users who use or otherwise appropriate the name(s), likeness, e-mail address, or other personally identifiable information of another individual(s). You may not register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity.

6. Term & Termination

These Terms will remain in full force and effect as long as you use Oosah. You may cancel your Account at any time by sending an email message to webmaster@oosah.com, indicating your desire to have us close your account. We will attempt to process your request in a timely manner. You agree that Oosah may terminate your account without notice, and in its sole discretion for any reason, at any time. Oosah may terminate your account automatically, and without notice upon any violation or alleged violation of the Terms or of Oosah’s Privacy Policy as posted at Oosah.com. If it terminates for a reason other than violation of the Terms, it may, at its option send you an email to the address indicated in your Registration Information indicating that your account has been terminated, and stating the reason for termination. Upon any termination by Oosah for any reason, you will discontinue all efforts to access the Oosah Site.

7. Non-Commercial Use Only

For Users who do not register for and receive a Commercial Account, the Site is for the personal, non-commercial use of individuals only, and may not be used in connection with any commercial activities. Organizations, companies, and/or businesses may not become Users, and may not use the Site for any purpose unless they register for and receive a Commercial Account. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress, and the User’s account will be terminated. (Note: Oosah provides a Commercial Service that is available to individuals, and/or organization, including corporations. This Commercial Service is governed by a different set of Terms of Use. Any individual or organization interested in learning more about this service, or in opening a Commercial Account should contact webmaster@oosah.com.

8. Subscription Services

Some features or services provided on the Site require a fee-based subscription (all fee-based features and/or services are referred to herein as “Subscription Services”). By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time, Subscription Services may change without notice.

a. Payment: Prices for Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that Oosah may accept from time to time), the applicable fees and taxes (if any) set forth on the Site. Oosah reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Oosah for any reason, Oosah reserves the right to either suspend or terminate your access to Subscription Services.

b. Refund Policy: Payment for Subscription Services is non-refundable.

c. Automatic Renewal Program: By purchasing Subscription Services, you authorize Oosah to automatically renew your Subscription Services on the 1st of the month following the end of your then-current subscription. This is to ensure continuous service. You further authorize Oosah to charge the credit card on file for your account at the then-current subscription rate unless you provide Oosah with prior notice that you are canceling your subscription before the renewal date. Please note that even if you provide notice, charges applied before Oosah can reasonably act to terminate your Subscription Services are non-refundable.

d. Cancellation/Termination of Subscription Services: You may cancel your Subscription Services at any time by contacting Oosah. We will attempt to process cancellation requests within 72 hours. You may contact Oosah User Services by going to http://www.oosah.user_services to cancel your automatic renewal, cancel your subscription, and/or change your payment method. Oosah reserves the right to terminate your Account, and any associated Subscription Services if Oosah determines, in its sole discretion, that you are not complying with the Terms. Any such cancellation or termination is subject to the no-refund policy as described above.

9. Rules Governing Posting Content on Oosah

You are solely responsible for all Content that you post, publish or display (hereinafter “Post”) on the Site or transmit to other Oosah Users. You agree to accept and abide by the following rules regarding posting Content on the Site.

a. No Infringement: You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations. You understand and agree that Oosah may, but is not obligated to, review and delete any Content that, in the sole judgment of Oosah, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Oosah, Oosah’s Users, or the public, without notice. Oosah assumes no responsibility for monitoring the content posted on the Site by Users or the conduct of its Users.

b. Accurate User Profile: Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

c. Ownership of Content You retain all ownership rights in your Content. However, when you upload Content to Oosah, you automatically grant, and you represent and warrant that you have the right to grant, to Oosah (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content that Oosah may use in creating promotional materials (including, but not necessarily limited to Web collateral, product brochures, advertisements, etc.) with the Site and any current and future services offered by Oosah, and to grant and authorize sublicenses of the foregoing. (Note: The purpose of this license provision is not to grant Oosah "ownership" of your Content. In fact the first sentence herein makes it clear that you retain ownership, including copyright, of your Content. However, Oosah may from time to time take screenshots, or otherwise want to incorporate Content uploaded to Oosah to create marketing materials that we use to promote Oosah. This provision gives us the right to do this. We will not otherwise seek to sell or profit by selling members’ Content. Also, as Content that is marked "private" is not visible publicly on the site, we would not generally expect to incorporate such Content into any marketing materials.)

d. Illegal and/or Prohibited Content: The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Oosah reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Site and terminating the Account(s) of such violators and reporting you to law enforcement authorities. It includes Content that:

1) A reasonable person could consider offensive, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2) Harasses or advocates harassment of another person or group;

3) Involves “spamming” (defined as unsolicited mass mailing), “junk mail,” “chain letters,” “spoofing,” “physhing,” etc., (as these terms are generally understood), or other illicit or unethical practices;

4) Promotes information that you know (or reasonably should know) to be false, or misleading, or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or in any way illicit;

5) Includes the photograph of another person that you have posted without that person’s consent, and to which they may reasonably have the right to object to as invading their privacy, misappropriating their image in an unauthorized manner, or being harassing, slanderous, libelous, or defamatory;

6) Promotes the illegal or unauthorized copying of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

7) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

8) Displays obscene, pornographic, or sexually explicit material;

9) Provides material that exploits people under the age of 18 years of age in a sexual or violent manner;

10) Solicits personal information (including, but not limited to name, phone number, address, email address, etc.) from anyone under 18 years of age;

11) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;

12) Solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;

13) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;

14) Solicits people you don’t know to add you or accept you as a contact on Oosah;

15) Impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliation with any person or entity; 

16) Discloses the name, account name, user ID/name, and/or password of any Registered User without their express written consent;

17) Contains the private information of any third party, including without limitation, addresses, phone numbers, e-mail addresses, passwords to online accounts of any sort, Social Security numbers, and credit card numbers; 

18) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

19) In any way interferes with or disables the operation of the Site, or interferes with, obscures or disables features or functions of the Site, or information posted by Oosah or other Users on the Site;

20) In any way interferes with, disables, or obscures advertisements posted or displayed by Oosah anywhere on the Site;

21) In any way constitutes an advertisement for a product or service;

22) Contains in the sole judgment of Oosah, matter that is objectionable, or which restricts or inhibits any other person from using or enjoying Oosah, or which may expose Oosah, its Users, or others to any harm or liability of any type;

23) Is the property of others; and/or,

24) Contains links to other websites or Web pages (URLs) that contain content that violates any of the above listed prohibitions.

While Oosah will take reasonable efforts to enforce the above listed prohibitions, there is a chance that you will become exposed to such items from other Users or Content. You agree that Oosah is not responsible for Content that Users submit, and you hereby waive any legal or equitable rights or remedies you may have against Oosah related to such exposure. If you become aware of any Content that violates the above listed prohibitions, you can flag that content through facilities provided by the Site, or you can email webmaster@oosah.com, including a link to the offending Content, and a brief note explaining why you feel the Content to be prohibited.

e. Compliance with Laws and Regulations: At all times you must use the Site in a manner consistent with any and all applicable laws and regulations.

f. No Commercial Use: You may not engage in advertising to, or solicitation of other Users to buy or sell any personal products or services except as specifically provided for or authorized by Oosah. It is also a violation of the Terms to use any information obtained from the Site to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect Users from such advertising or solicitation, Oosah reserves the right to restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Oosah deems appropriate in its sole discretion.

10. Digital Millennium Copyright Act

If you believe that any Content or other material posted on Oosah infringes upon any copyright that you own or control, you may submit a notification to Oosah pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notification to the attention of Oosah’s Designated Copyright Agent to receive notification of infringement claims at:

Oosah Inc, Copyright Compliance, P.O. Box 470638, San Francisco, California 94147, USA. Email: webmaster@oosah.com.

11. Copyright & Termination of Infringers

Oosah respects the intellectual property of others, and all applicable laws governing copyright. You are expressly prohibited from using on the Site any material that violates the copyright(s) of others. When notified by holders of copyrights of infringement by any User, Oosah reserves the right to immediately and without notice delete the infringing material. Oosah, in its sole discretion, may terminate Users who are deemed by it to be serious or repeated copyright infringers. Oosah may also in its sole discretion limit access to the Site and/or terminate the Account of any User who Oosah believes is infringing any intellectual property rights of others, whether or not there is any repeat infringement. If Oosah for any reason inadvertently or in error removes or deletes Content for infringement where there was in fact no infringement, your only remedy will be to so notify Oosah in writing, and to repost the material to the Site. You specifically agree that Oosah will have no monetary liability to you in such a case, and will have no responsibility to restore the Content itself. If there appears to Oosah to be a legitimate dispute as to proper ownership of copyright for any Content, Oosah will have the right to remove such Content from the Site until such time as the matter is finally and fully resolved.

12. Advertising

You agree that Oosah will have the right to run advertisements as part of the Site. We may run ads anywhere on the Site, including on any Web page or section of the Site displaying Content. Ads may include, but are not limited to “graphical,” or “banner” ads, text ads, and in-stream “video” ads. The latter are defined as ads that appear to be inserted into, or appended to, including immediately before or after, videos or multimedia presentations. All advertising revenue, including revenue from advertisements appearing anywhere on the Site, including in-stream video ads, is for the exclusive account of Oosah.

You agree that you will take no action to disable or interfere with the delivery by Oosah of any advertisements.

13. General Practices Regarding Use & Operations

You acknowledge that Oosah may establish general practices and limits concerning use of the Site including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Site, the maximum number of messages that may be sent from or received by your Account on the Site, the maximum size of any message that may be sent from or received by your Account on the Site, the maximum disk space that will be allotted on Oosah’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Oosah has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that Oosah reserves the right to log off accounts that are inactive for an extended period of time (as defined and determined by Oosah in its sole discretion). You further acknowledge that Oosah reserves the right to modify these general practices and limits from time to time.

14. Links to Third Party Sites

Oosah assumes no responsibility for the content on any websites or URLs on links included within the Site that take users off the Site. Use of, or viewing content on non-Oosah sites is done at each User’s own risk, and is subject to the policies and procedures of the owner(s) of such site(s).

15. Transactions with Organizations or Individuals

Oosah will not be liable for your interactions with any organizations and/or individuals found on or through the Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Oosah is not responsible for any damage or loss incurred as a result of any such dealings. Oosah is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Oosah, its directors, officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site.

16. Privacy Policy

Use of the Site is also governed by our Privacy Policy, which may be found at www.oosah.com/privacy_policy. By using Oosah you agree to the terms of this Privacy Policy.

17. Disclaimers

Oosah is not responsible or liable in any manner for any Content posted on the Site. Although Oosah provides rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site, the Site or in connection with any Content. Oosah is not responsible for the conduct, whether online or offline, of any user of the Site. Oosah assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. Oosah is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Oosah be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site, any content posted on the Site, including Content, or transmitted to Users, or any interactions between users of the Site, whether online or offline. THE SITE IS PROVIDED “AS IS” AND OOSAH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OOSAH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. The Site may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Oosah or through or from the Site shall create any warranty not expressly stated herein.

18. User Disputes

You are solely responsible for your interactions with other Users or third parties. Oosah reserves the right, but has no obligation, to monitor disputes between you and other Users or third parties.

19. Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL OOSAH OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE SITE, EVEN IF OOSAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OOSAH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OOSAH FOR THE SITE DURING THE TERM OF USERSHIP.

19. Disputes & Governing Law

If there is any dispute about or involving these Terms, the Site between you and Oosah, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law rules. You agree to the exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco.

20. Indemnity

You agree to defend, indemnify and hold harmless Oosah, its subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with any Content, your use of the Site, your conduct in connection with the Site or with other users or Users of the Site, or any violation of or failure to comply with these Terms.

21. Preservation of Materials

You acknowledge and agree that Oosah may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of Oosah, its Users, employees or the public.

22. No Agency

The Terms will not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Oosah and any User of the Site. A User may not bind or obligate Oosah without Oosah’s prior written consent.

23. International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. 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.

24. Miscellaneous

These Terms contain the entire agreement between you and Oosah regarding the use of the Site. The failure of Oosah to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remaining Terms will continue in full force and effect. The section titles herein are for convenience only and have no legal or contractual effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oosah without restriction.

25. Void Where Prohibited

Use of Oosah is void where prohibited by Law. If you register in a jurisdiction (or if Oosah can determine that you have registered or are using the Site in or from a jurisdiction) where use is prohibited by law, Oosah will have the right to suspend or terminate your Account.

26. Trademarks & Copyrights

The Oosah name, and logo are trademarks of Oosah. The Oosah name and logo, together with all graphical elements, icons, etc., used by Oosah are the exclusive property of Oosah, and may not be used or altered by you. You will not remove the Oosah name or logo from any items, including frames, skins, borders, or other items or objects provided by Oosah, including from any outgoing email or other messages when you use any of the content publishing or sharing features of the Site. Other than Content owned by Users, all pictures, videos, text and graphics on the Site are the copyrighted property of Oosah, and may not be used or reproduced in any form without the written permission of Oosah.

27. Contacting Oosah

Please contact us by regular mail at Oosah Inc., P.O. Box 470638, San Francisco, CA 94147-0638, USA, or by email at webmaster@oosah.com if you have any questions or comments regarding these Terms.

28. Child Online Protection Act Notification:

Pursuant to 47 U.S.C. Section 230(d) as amended, Oosah hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org/pub/Censorship (which is the Electronic Frontier Foundation Website), and at the Website for America Links Up, http://www.netparents.org.