Terms
---------
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU
AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE click on the “I Accept Terms
of Use” button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF
YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT click on the “I Accept
Terms of Use” button below AND DO NOT USE OR ACCESS OUR WEBSITE.
Welcome to Ozzie Joe’s website (the “Site”). We are dedicated to the free expression of
our users in a collaborative and sharing environment. We reserve only the rights
necessary to facilitate the dissemination of content and material on this Site. We support
the intellectual property rights of the creators of those materials. We also support the use
of open source software and the widespread dissemination and use of online materials
consistent with the rights of our users and applicable law. We will take all reasonable
measures to keep information and users safe. We hope your experience with Ozzie Joe
will be enjoyable and productive. Terms that Govern the Use of the Site.
1. General Use of the Site and Agreement to these Terms of Use.
These Terms of Use govern our mutual rights and responsibilities when you use the
resources and services provided by Ozzie Joe (collectively, “Ozzie Joe”, “we”, or “us”).
These Terms of Use, and our Privacy Policy Statement (the “Privacy Policy”), which is
incorporated into these Terms of Use by reference, apply to all activities and modalities
on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.
Unless otherwise agreed to, you are subject to these Terms of Use, and any additional
terms that may apply. These additional terms, if any, will be available through the Site.
These Terms of Use create a legal agreement between you and the Site and supersede
any prior agreements between you and the Site. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms of Use at any time
without notice. If we do this, we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the date these Terms of Use were last revised.
You are responsible for regularly reviewing these Terms of Use. Your continued use of
the Site after any such changes constitutes your acceptance of the new Terms of Use. If
you do not agree to abide by these or any future Terms of Use, do not use or access (or
continue to use or access) the Site.
By accessing the Site, you agree to comply with all applicable laws (including, but not
limited to, libel, obscenity, and child pornography), assume responsibility for your
activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.
By accepting these Terms of Use, you agree to provide accurate, complete and current
information and to maintain and update such information to keep it accurate, complete
and current. If you fail to do so, we reserve the right to terminate your account.
2. Rights and Obligations Related to Content and Material.
The Site and its contents are protected by copyright pursuant to Australia and
international copyright laws.
By posting your material on the Site, you are granting us and our affiliates a non-
exclusive, royalty free, perpetual, and worldwide license to use your content on the Site
until you remove or delete it, including, but not limited to, the right to copy, distribute,
transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a
collective work. Whenever possible, we will credit you as an author, and you agree to give
us the right to use your name for attribution purposes.
The Site includes information, views, opinions and recommendations of individuals and
organizations of interest to the art community. Ozzie Joe assumes no responsibility for
the accuracy, currency, completeness, or usefulness of any information in any material on
the Site and does not endorse any opinions or recommendations posted by members or
registered users nor do we give art-related investment advice. You should exercise
discretion and skepticism before relying on information in messages or art submissions
since it may be incorrect or misleading.
We do not screen, review or edit messages posted by users. Notwithstanding the
foregoing, we reserve the right to monitor and/or remove any information transmitted or
received through the Site, or to terminate your membership and use of the Site at any
time, without notice, in our sole discretion. It is each user’s responsibility to bring
violations of these Terms of Use to our attention, although we do not guaranty any action
based on such information. The following actions, among others, may result in removal
of information and/or termination of your membership:
The posting of the following content in any member account:
• Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or
intent or that violates local, state or federal laws.
• Any material that violates or infringes in any way upon the proprietary rights of others
including, without limitation, copyright or trademark rights.
• Any material that is threatening, abusive, harassing, slanderous, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise
objectionable including posting private information belonging to or about other individuals.
• Content that promotes, encourages, or provides instructional information about
illegal activities.
• Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
• The use of the Site for any illegal purposes.
• Providing false information to Ozzie Joe.
• Any violation of the letter or spirit of these Terms of Use.
The Site allows registered members to submit artwork by uploading image files to the
Site’s servers. Subject to our Privacy Policy, as a registered member you agree to receive
periodic emails from us containing information about new features and service options
and/or periodic information about special promotions. We are not responsible for content
posted by the Site’s members. We do not verify or endorse any content posted by any
member. We are not responsible for the delivery or quality of any goods or services that
are advertised by us, our members or any other third parties on the Site. If you believe that
any of the content posted by members, visitors or third parties violates your proprietary
rights, including copyrights, please report it to us immediately.
You must be at least thirteen (13) years old to sign up as a member. As a member you
are solely and fully responsible for any content posted by you or visitors to your account.
Although we review member account content on a spot check basis, we cannot establish
nor guarantee the legal nature of any such content.
By submitting your artwork to the Site, you represent that the artwork complies with these
Terms of Use. If any third party brings a claim, lawsuit or other proceeding against Ozzie
Joe or its affiliates based on content you post on the Site, you agree to compensate Ozzie
Joe and/or its affiliates, officers, directors, members, employees and agents for any and
all losses, liabilities, damages or expenses, including attorney's fees, incurred by such
party in connection with any such claim, lawsuit or proceeding.
We are not responsible for any financial or personal loss to members using their
accounts for business or any other purpose for any reason including, but not limited to,
server down situations (i.e. server malfunction, server crashes or software related
problems) and accidental or willful deletion of member accounts and/or contents of said
accounts.
Images stored on our servers are for online sharing purposes and not meant for
permanent or temporary archival purposes. Therefore, we are not obligated to maintain
back-up copies of any material submitted or posted on the Site.
3. Proprietary Rights.
Your use of the Site affords you access to many of the features of the Site, but some
aspects of the Site remain within our exclusive proprietary control. We own the intellectual
property rights to any and all protectable components of the Site, including, but not limited
to, the computer software, the related documentation, the “look and feel,” the end-user
interfaces, the name of the Site, and many of the individual features. You shall not copy,
modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble
any aspect of the Site which we own.
4. Termination.
You agree that we may, in our sole discretion, terminate or suspend your access to all or
any part of the Site for any reason including, without limitation, your breach of these
Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely
manner, failure to maintain an active email, or any attempted assignment of your account
by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for
termination of your account and may be referred to appropriate law enforcement
authorities. Ozzie Joe shall not be liable to you or any third party for the termination of the
Site and/or your account or any claims related to the termination of the Site and/or your
account.
5. Limitation of Liability.
You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY,
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE
RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU
MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE;
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. Indemnity.
You shall defend, indemnify and hold harmless Ozzie Joe and its affiliates, members,
officers, directors, employees, consultants, agents and representatives, and their
respective heirs, successors and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses (including
attorneys' fees), relating to any acts by you or materials or information transmitted by you
in connection with the Site, your violation of these Terms of Use or your infringement, or
infringement by any contestant as part of a contest, of any intellectual property or other
right of any person or entity, regardless of the type of claim or the nature of the cause of
action. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
7. Disclaimers of Warranty.
THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON
THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO
REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY
PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY
FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL
RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE
SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF
INFORMATION YOU RECEIVE THROUGH THE SITE.
8. Miscellaneous Provisions.
A. Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes
be governed by and construed in accordance with the laws of Australia, without giving
effect to any choice of law provisions thereof, and that any action arising out of these
Terms of Use shall be litigated and enforced under the laws of Australia. Further, you
agree to submit to the exclusive jurisdiction and venue of the courts of Australia, and that
any legal action pursued by you shall be within the exclusive jurisdiction of the courts of
Australia.
B. Waivers. No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party. The failure of Ozzie Joe to
exercise or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision.
C. Severability. If any provision of these Terms of Use shall be declared void or invalid by
a court of competent jurisdiction, such void or invalid provision shall not in any way impair
the entire Terms of Use, the remaining provisions shall be construed as if not containing
the provisions held to be void or invalid, and the rights and obligations of the parties
hereto shall be construed and enforced accordingly. If any court with jurisdiction should
determine that any provision of these Terms of Use is overbroad or otherwise
unenforceable, the court may narrow or limit the provision so as to make it enforceable.
D. Headings. The headings used in these Terms of Use are for reference purposes only
and do not constitute substantive matter to be considered and construed as the terms of
these Terms of Use.
E. Binding Agreement. These Terms of Use shall be binding upon you and your
employees, representatives, and agents, and their respective heirs, successors and
assigns and shall inure to the benefit of Ozzie Joe and its affiliates, successors, assigns
and licensees.
F. Entire Agreement. These Terms of Use and any and all other online policies
promulgated by Ozzie Joe, constitute the entire agreement between us and you with
respect to the subject matter hereof, and supersedes all prior oral or written
understandings, communications or agreements not specifically incorporated herein.
G. Acknowledgment. IF YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE
click on the “I Accept Terms of Use” button below INDICATING YOUR INTENT TO BE
LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN
DO NOT click on the “I Accept Terms of Use” button below AND DO NOT USE OR
ACCESS THE SITE.
---------
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU
AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE click on the “I Accept Terms
of Use” button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF
YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT click on the “I Accept
Terms of Use” button below AND DO NOT USE OR ACCESS OUR WEBSITE.
Welcome to Ozzie Joe’s website (the “Site”). We are dedicated to the free expression of
our users in a collaborative and sharing environment. We reserve only the rights
necessary to facilitate the dissemination of content and material on this Site. We support
the intellectual property rights of the creators of those materials. We also support the use
of open source software and the widespread dissemination and use of online materials
consistent with the rights of our users and applicable law. We will take all reasonable
measures to keep information and users safe. We hope your experience with Ozzie Joe
will be enjoyable and productive. Terms that Govern the Use of the Site.
1. General Use of the Site and Agreement to these Terms of Use.
These Terms of Use govern our mutual rights and responsibilities when you use the
resources and services provided by Ozzie Joe (collectively, “Ozzie Joe”, “we”, or “us”).
These Terms of Use, and our Privacy Policy Statement (the “Privacy Policy”), which is
incorporated into these Terms of Use by reference, apply to all activities and modalities
on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.
Unless otherwise agreed to, you are subject to these Terms of Use, and any additional
terms that may apply. These additional terms, if any, will be available through the Site.
These Terms of Use create a legal agreement between you and the Site and supersede
any prior agreements between you and the Site. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms of Use at any time
without notice. If we do this, we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the date these Terms of Use were last revised.
You are responsible for regularly reviewing these Terms of Use. Your continued use of
the Site after any such changes constitutes your acceptance of the new Terms of Use. If
you do not agree to abide by these or any future Terms of Use, do not use or access (or
continue to use or access) the Site.
By accessing the Site, you agree to comply with all applicable laws (including, but not
limited to, libel, obscenity, and child pornography), assume responsibility for your
activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.
By accepting these Terms of Use, you agree to provide accurate, complete and current
information and to maintain and update such information to keep it accurate, complete
and current. If you fail to do so, we reserve the right to terminate your account.
2. Rights and Obligations Related to Content and Material.
The Site and its contents are protected by copyright pursuant to Australia and
international copyright laws.
By posting your material on the Site, you are granting us and our affiliates a non-
exclusive, royalty free, perpetual, and worldwide license to use your content on the Site
until you remove or delete it, including, but not limited to, the right to copy, distribute,
transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a
collective work. Whenever possible, we will credit you as an author, and you agree to give
us the right to use your name for attribution purposes.
The Site includes information, views, opinions and recommendations of individuals and
organizations of interest to the art community. Ozzie Joe assumes no responsibility for
the accuracy, currency, completeness, or usefulness of any information in any material on
the Site and does not endorse any opinions or recommendations posted by members or
registered users nor do we give art-related investment advice. You should exercise
discretion and skepticism before relying on information in messages or art submissions
since it may be incorrect or misleading.
We do not screen, review or edit messages posted by users. Notwithstanding the
foregoing, we reserve the right to monitor and/or remove any information transmitted or
received through the Site, or to terminate your membership and use of the Site at any
time, without notice, in our sole discretion. It is each user’s responsibility to bring
violations of these Terms of Use to our attention, although we do not guaranty any action
based on such information. The following actions, among others, may result in removal
of information and/or termination of your membership:
The posting of the following content in any member account:
• Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or
intent or that violates local, state or federal laws.
• Any material that violates or infringes in any way upon the proprietary rights of others
including, without limitation, copyright or trademark rights.
• Any material that is threatening, abusive, harassing, slanderous, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise
objectionable including posting private information belonging to or about other individuals.
• Content that promotes, encourages, or provides instructional information about
illegal activities.
• Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
• The use of the Site for any illegal purposes.
• Providing false information to Ozzie Joe.
• Any violation of the letter or spirit of these Terms of Use.
The Site allows registered members to submit artwork by uploading image files to the
Site’s servers. Subject to our Privacy Policy, as a registered member you agree to receive
periodic emails from us containing information about new features and service options
and/or periodic information about special promotions. We are not responsible for content
posted by the Site’s members. We do not verify or endorse any content posted by any
member. We are not responsible for the delivery or quality of any goods or services that
are advertised by us, our members or any other third parties on the Site. If you believe that
any of the content posted by members, visitors or third parties violates your proprietary
rights, including copyrights, please report it to us immediately.
You must be at least thirteen (13) years old to sign up as a member. As a member you
are solely and fully responsible for any content posted by you or visitors to your account.
Although we review member account content on a spot check basis, we cannot establish
nor guarantee the legal nature of any such content.
By submitting your artwork to the Site, you represent that the artwork complies with these
Terms of Use. If any third party brings a claim, lawsuit or other proceeding against Ozzie
Joe or its affiliates based on content you post on the Site, you agree to compensate Ozzie
Joe and/or its affiliates, officers, directors, members, employees and agents for any and
all losses, liabilities, damages or expenses, including attorney's fees, incurred by such
party in connection with any such claim, lawsuit or proceeding.
We are not responsible for any financial or personal loss to members using their
accounts for business or any other purpose for any reason including, but not limited to,
server down situations (i.e. server malfunction, server crashes or software related
problems) and accidental or willful deletion of member accounts and/or contents of said
accounts.
Images stored on our servers are for online sharing purposes and not meant for
permanent or temporary archival purposes. Therefore, we are not obligated to maintain
back-up copies of any material submitted or posted on the Site.
3. Proprietary Rights.
Your use of the Site affords you access to many of the features of the Site, but some
aspects of the Site remain within our exclusive proprietary control. We own the intellectual
property rights to any and all protectable components of the Site, including, but not limited
to, the computer software, the related documentation, the “look and feel,” the end-user
interfaces, the name of the Site, and many of the individual features. You shall not copy,
modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble
any aspect of the Site which we own.
4. Termination.
You agree that we may, in our sole discretion, terminate or suspend your access to all or
any part of the Site for any reason including, without limitation, your breach of these
Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely
manner, failure to maintain an active email, or any attempted assignment of your account
by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for
termination of your account and may be referred to appropriate law enforcement
authorities. Ozzie Joe shall not be liable to you or any third party for the termination of the
Site and/or your account or any claims related to the termination of the Site and/or your
account.
5. Limitation of Liability.
You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY,
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE
RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU
MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE;
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. Indemnity.
You shall defend, indemnify and hold harmless Ozzie Joe and its affiliates, members,
officers, directors, employees, consultants, agents and representatives, and their
respective heirs, successors and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses (including
attorneys' fees), relating to any acts by you or materials or information transmitted by you
in connection with the Site, your violation of these Terms of Use or your infringement, or
infringement by any contestant as part of a contest, of any intellectual property or other
right of any person or entity, regardless of the type of claim or the nature of the cause of
action. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
7. Disclaimers of Warranty.
THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON
THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO
REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY
PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY
FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL
RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE
SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF
INFORMATION YOU RECEIVE THROUGH THE SITE.
8. Miscellaneous Provisions.
A. Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes
be governed by and construed in accordance with the laws of Australia, without giving
effect to any choice of law provisions thereof, and that any action arising out of these
Terms of Use shall be litigated and enforced under the laws of Australia. Further, you
agree to submit to the exclusive jurisdiction and venue of the courts of Australia, and that
any legal action pursued by you shall be within the exclusive jurisdiction of the courts of
Australia.
B. Waivers. No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party. The failure of Ozzie Joe to
exercise or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision.
C. Severability. If any provision of these Terms of Use shall be declared void or invalid by
a court of competent jurisdiction, such void or invalid provision shall not in any way impair
the entire Terms of Use, the remaining provisions shall be construed as if not containing
the provisions held to be void or invalid, and the rights and obligations of the parties
hereto shall be construed and enforced accordingly. If any court with jurisdiction should
determine that any provision of these Terms of Use is overbroad or otherwise
unenforceable, the court may narrow or limit the provision so as to make it enforceable.
D. Headings. The headings used in these Terms of Use are for reference purposes only
and do not constitute substantive matter to be considered and construed as the terms of
these Terms of Use.
E. Binding Agreement. These Terms of Use shall be binding upon you and your
employees, representatives, and agents, and their respective heirs, successors and
assigns and shall inure to the benefit of Ozzie Joe and its affiliates, successors, assigns
and licensees.
F. Entire Agreement. These Terms of Use and any and all other online policies
promulgated by Ozzie Joe, constitute the entire agreement between us and you with
respect to the subject matter hereof, and supersedes all prior oral or written
understandings, communications or agreements not specifically incorporated herein.
G. Acknowledgment. IF YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE
click on the “I Accept Terms of Use” button below INDICATING YOUR INTENT TO BE
LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN
DO NOT click on the “I Accept Terms of Use” button below AND DO NOT USE OR
ACCESS THE SITE.
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