OZZY MEDIA TERMS AND CONDITIONS
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- Ami Booth
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1 OZZY MEDIA TERMS AND CONDITIONS Welcome to the the Ozzy Media Terms and Conditions (the Terms ), and thank you for choosing Ozzy Media, Inc. ( Ozzy Media, we, us, our ) to expand your ridesharing or on-demand delivery service earning potential. These Terms affect your legal rights, so please read them carefully. 1. INTRODUCTION By registering through Ozzy Media s website or software applications (collectively, the Ozzy Media Services ) to mount a digital advertising display top on your vehicle (together with any related equipment or materials provided by Ozzy Media or its designee to you such as roof racks and brackets, the Equipment ), you are entering into a binding legal contract with Ozzy Media. Your use of the Equipment and Ozzy Media s provision of the Equipment and other obligations described in these Terms related to your use of the Equipment and Ozzy Media Services (the Program ) are subject to your compliance with these Terms. These Terms apply to you as a user of the Ozzy Media Services and participant in the Program. By selecting the I ACCEPT button during the registration process, you acknowledge that you understand and agree to be bound by these Terms. If you do not agree to these Terms, select I DO NOT ACCEPT during the registration process and exit the Ozzy Media Services. By selecting I ACCEPT in the registration process or otherwise using the Ozzy Media Services or participating in the Program, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Ozzy Media Services or participate in the Program. You agree that your access of the Ozzy Media Services and participation in the Program will be subject to the most current version of these Terms at the time of such use. 2. PROGRAM REQUIREMENTS To participate in the Program, you must, at your own expense: (a) register for the Program and meet Ozzy Media s participation requirements; (b) be at least 21 years of age; (c) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; (d) have a valid driver s license; (e) drive no less than 40 hours per week as an independent contractor for an Ozzy Media-approved rideshare service or on-demand delivery service (e.g., Uber Technologies Inc., Lyft, Inc., Postmates Inc., Maplebear Inc. (d/b/a Instacart), DoorDash, Inc.) (each, an Approved Drive Service ); (f) own or lease a 2010 model vehicle or newer with a factory-finish paint job and use such vehicle in connection with the Program; (g) have and maintain a clean driving record; and (h) obtain and maintain automobile liability insurance covering use of all owned, non-owned and hired automobiles for bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the cities and metropolitan areas in which you are enabled to participate in the Approved Drive Service and Program. In addition, you acknowledge and agree that you may be subject to certain background and driving record checks from time to time to qualify for participation in the Program. Such checks may include verification that you have: (1) a minimum of one year driver s licensing history in the United States or, if under 23 years old, three years; (2) a clean Motor Vehicle Report (MVR) with no more than three incidents in the past three years; (3) no driving under the influence or reckless driving violations during the last ten years; (4) a clean criminal
2 background check with no felonies or misdemeanors involving theft, violence or drugs; and (5) no speeding violations for driving 20 MPH or greater over the speed limit in the past three years. 3. EXCLUSIVE TO THE OZZY MEDIA SERVICES AND THE PROGRAM These Terms apply only to the Ozzy Media Services and the Program. Some third party web sites or other such resources may be linked to or embedded in the Ozzy Media Services. In addition, certain third parties and providers of linked resources or sites may provide portions of the Program or the Ozzy Media Services (each, a Third-Party Provider ). These Third-Party Providers may have their own terms of use and privacy policies, which Ozzy Media does not control and are not addressed by these Terms. Ozzy Media does not monitor, endorse or guarantee, and assumes no responsibility for, Third-Party Providers or any transactions or information you may undertake or receive from Third-Party Providers. OZZY MEDIA HAS NO CONTROL OVER THIRD-PARTY PROVIDERS OR THE CONTENT, TRANSACTIONS OR SERVICES PROVIDED BY THEM. OZZY MEDIA CANNOT AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. OZZY MEDIA HAS NO LIABILITY FOR ANY THIRD-PARTY PROVIDERS FAILURE TO PERFORM OR ANY ERRORS OR OMISSIONS REGARDING ANY INFORMATION PROVIDED BY THIRD-PARTY PROVIDERS. OZZY MEDIA DOES NOT REPRESENT OR WARRANT THAT SITES PROVIDED BY THIRD-PARTY PROVIDERS WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER DEVICE. OZZY MEDIA DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO THIRD-PARTY PROVIDERS. If you have a specific dispute or concern related to the content, product or service that needs to be addressed by a Third-Party Provider, you should contact the Third-Party Provider and not Ozzy Media. 4. JOINING THE PROGRAM 4.1 Term and Termination These Terms will continue to apply to you until termination by either you or Ozzy Media (the Term ). Ozzy Media may terminate these Terms or suspend your right to participate in the Program or access the Ozzy Media Services at any time. In addition, Ozzy Media may disable the Equipment at any time if we determine you have failed to comply with these Terms. If you or Ozzy Media terminates these Terms, or if Ozzy Media suspends your right to participate in the Program or access the Ozzy Media Services, you agree that Ozzy Media shall have no liability or responsibility to you for such termination or suspension. This section will be enforced to the extent permissible by applicable law. 4.2 Our Equipment During the Term, Ozzy Media hereby leases the Equipment to you. Installation of the Equipment on your vehicle may only be performed by Ozzy Media or its designee at the location specified by Ozzy Media on the day and at the time specified by Ozzy Media. You may only use the Equipment solely as installed by Ozzy Media on the vehicle that is used in the conduct of your business as an independent contractor for an Approved Drive Service. You may only use it in a careful and proper manner that will not damage or harm the Equipment, beyond normal wear and tear, including not driving the vehicle on which the Equipment is installed over 80 MPH. You will comply and conform to all laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment and the Approved Drive Service. You hereby acknowledge that all Equipment contains tracking mechanisms that allow Ozzy Media to determine the location of the Equipment at all times. You will not part with possession of or enter into any sublease with Page 2 of 10
3 respect to the Equipment, or any part of the Equipment. If you plan to sell or otherwise part with possession of the vehicle with the Equipment, you will work with Ozzy Media to either transfer the Equipment to a new vehicle that complies with these Terms, or return the Equipment in accordance with these Terms. You must be available to come to the location designated by Ozzy Media on a monthly basis to allow our technicians to check the Equipment. In addition, Ozzy Media may inspect the Equipment at its discretion. If Ozzy Media determines that the Equipment is being used beyond its capacity or in any material manner improperly cared for or abused, Ozzy Media may remove the Equipment immediately. You will keep the Equipment in good repair, condition and working order. You will follow Ozzy Media s instructions regarding the use and maintenance of the Equipment. You will not make any material alterations to the Equipment without the prior written consent of Ozzy Media. All equipment, accessories, parts and replacements for or which are added to or become attached to the Equipment (except your vehicle) will immediately become the property of Ozzy Media and will be deemed incorporated in the Equipment and subject to the terms of this Agreement as if originally leased under this Agreement. 4.3 Loss and Damage You will bear all risk of loss, damage, destruction and theft to or of the Equipment from any cause whatsoever, including while in use by you and in route from and to installation and removal, until the Equipment has been returned to Ozzy Media in accordance with these Terms. No loss or damage to the Equipment or any part of the Equipment will impair any obligation of you under these Terms. In the event of loss or damage of any kind whatsoever to the Equipment other than loss or damage to all or substantially all of the Equipment, you will, at Ozzy Media s option, (a) repair such Equipment and return it to good condition, and working order, or (b) replace such Equipment with like equipment in good repair, condition, and working order. In the event that all or substantially all of the Equipment is lost or damaged, you will pay Ozzy Media an amount equal to the fair market value of the Equipment and Ozzy Media will have no further obligation to pay you any Program Fees (as defined below). 4.4 Ownership The Equipment will at all times be the sole and exclusive property of Ozzy Media, and you will have no right, title or interest in the Equipment except as expressly set forth in this Agreement. You will not pledge or encumber the Equipment in any way. You will not remove any insignia, letter or numerals that are on the Equipment at the time of delivery or that are placed on the Equipment to identify the Equipment or identify Ozzy Media s ownership. You will, at Ozzy Media s request, affix in any place designated on the Equipment by Ozzy Media any labels or other markings specified by Ozzy Media. At Ozzy Media s request, you will execute and deliver to Ozzy Media documents that Ozzy Media deems necessary or desirable for purposes of recording or filing to protect Ozzy Media s interest in the Equipment. 4.5 No Unfair Competition You agree that while participating in the Program, and for one year after, you will not (a) directly or indirectly engage or participate in services competitive with or similar to the Program in the state or states in which you participate in the Program, so long as Ozzy Media carries on a like business in such state or states; or (b) disparage Ozzy Media or the Program. 5. PROGRAM FEES I n exchange for your participation in the Program in accordance with these Terms, Ozzy Media agrees to pay you a monthly fixed fee of $400 (each a Program Fee ). To be eligible to receive your Program Fee, you must submit Page 3 of 10
4 your weekly statements you received from each Approved Drive Service during the applicable month showing you have met the Program requirements during the month. Ozzy Media has the right to withhold your first month s Program Fee as a deposit for the Equipment (your Deposit ). Your Deposit will be returned to you upon return of the Equipment to Ozzy Media in accordance with these Terms, so long as it is returned in the condition required under these Terms and your Deposit has not otherwise been forfeited under these Terms. 6. YOUR COMMITMENT By joining the Program and accepting the Equipment, you are committing to participate in the Program in accordance with these Terms for no less than three months from the date you begin driving with the Equipment with the Approved Drive Service. If you fail to meet any of your obligations or requirements under these Terms (including, but not limited to, the three-month commitment described in this section), then Ozzy Media will have no obligation to return your Deposit. 7. RETURNING THE EQUIPMENT No later than three days after termination of these Terms, you will return the Equipment, at your risk and expense, to Ozzy Media in substantially the same condition as received by you from Ozzy Media, ordinary wear and tear resulting from proper use excepted, by delivering the Equipment as instructed by Ozzy Media. 8. ACCEPTABLE USE You may not use the Ozzy Media Services or the Equipment for anything other than a lawful and legitimate purpose. Regardless of the location from where the Ozzy Media Services or the Equipment is used or accessed, You agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Ozzy Media Services or the Equipment. Examples of prohibited uses include, without limitation: (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the Ozzy Media Services or the Equipment in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity. In addition, you agree not to attempt to damage, deny service to, hack, crack, scrape, data mine, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, Interfere ) with the operation of the Ozzy Media Services, the Equipment or the related information systems. If you in any way Interfere with the Ozzy Media Services, the Equipment or the related information systems or the operation of the Ozzy Media Services or the Equipment, you agree to pay all damages incurred by Ozzy Media or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the Ozzy Media Services is a material breach of these Terms and relieves Ozzy Media of any of its contractual or other legal obligations to you, including its obligations under these Terms. Ozzy Media will cooperate with the authorities in prosecuting anyone who Interferes with the Ozzy Media Services, the Equipment or the related information systems, attempts to defraud any person through the utilization of the Ozzy Media Services, the Equipment or the information obtained related to the Ozzy Media Services. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE EQUIPMENT OR OZZY MEDIA SERVICES PRIVACY OR SECURITY MEASURES. 9. AVAILABILITY Ozzy Media takes commercially reasonable measures so that the Ozzy Media Services are available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the Ozzy Media Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will Ozzy Media be liable to any party for any loss, cost or damage Page 4 of 10
5 that results from any period of down time of the Ozzy Media Services or the Equipment. You agree to promptly notify us of any problems or issues with the performance of the Equipment (e.g., screen is not displaying image, image appears distorted, Equipment is rattling or loose). 10. USER CREDENTIALS When registering for the Program you will be provided with a username and password, and you will provide other personally identifiable information. You agree that you will protect and not share your username or password with any third parties or use your username or password for any unauthorized purpose. If you lose control of either your username or password, you may lose control over your sensitive information utilized in the Ozzy Media Services and you agree that Ozzy Media will not be responsible. In addition, you agree that you are responsible for all actions and transactions taken under your username and password. If you believe that your username or password has been stolen or otherwise compromised, immediately contact Ozzy Media. 11. INFORMATION AND PRIVACY Ozzy Media recognizes the importance of protecting the privacy of Ozzy Media drivers, advertisers and other users and wishes to provide efficient and relevant information to users of the Ozzy Media Services and participants of the Program. To best serve our customers and advertisers, Ozzy Media collects and analyzes information provided by you when using the Ozzy Media Services and participating in the Program. This information includes collection through both online and offline activities that are owned, operated, provided or made available by Ozzy Media, including, but not limited to, the Equipment provided to you under the Program and the Ozzy Media Services (for purposes of this Section 11, the Services ). Remember that certain information that is disclosed by you while using the Services will be utilized by Ozzy Media and disclosed to certain third parties to facilitate and improve the Services. You understand and agree to such disclosure. What Information is Collected Ozzy Media collects and analyzes information obtained from users of the Services. This information includes, but is not limited to the following: Personally Identifiable Information By electing to participate in the Program, you will be required to provide personally identifiable information to Ozzy Media. Personally identifiable information is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number, driver s license number, vehicle VIN number and address. Ozzy Media collects such personally identifiable information to provide the Services to you. Aggregate or Demographic Information Ozzy Media may collect and analyze aggregate data assembled from information collected via the Services. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the Services, so that Ozzy Media can provide the highest level of service to our customers. Aggregate data is not generally personally identifiable or linked to a specific user. Additional Tracking Information In addition, tracking information is collected, including, but not limited to geographic areas. For all drivers participating in the Program, the Equipment will send your location to our servers. We collect this information for various purposes including to provide you with support, to enhance the Program and for our internal business purposes. IP Addresses and Cookies Page 5 of 10
6 Ozzy Media servers may automatically collect certain technical information about your use of the Services. This may include collecting and logging IP addresses, the areas within our Services that you visit and the time of day. Ozzy Media may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. Ozzy Media and its internet service provider may log these IP addresses and analyze them to understand where requests originate. In addition, Ozzy Media may use a feature of your web browser called a cookie to assign an identification number that automatically identifies your computer when you visit the Ozzy Media Services. In connection with the Ozzy Media Services, cookies may be used to store your username, password and viewing options, allowing you to log into the Ozzy Media Services more conveniently. This analysis enables Ozzy Media to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling Ozzy Media to enhance its users online experience. What Organization Is Collecting the Information Ozzy Media owns and operates the Services and is the company that collects the personal information, and its contact information is as follows: Address: 795 E Charleston Rd Palo Alto California Phone: info@driveozzy.com Comments, suggestions or materials sent or transmitted to Ozzy Media will be deemed to be non-confidential and not subject to any restrictions. Ozzy Media has no obligation of any kind with respect to such comments, suggestions or materials and is free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them. How the Information Is Used and Disclosed to Third Parties Ozzy Media may use your personally identifiable information when performing certain aspects of the Services. For example, Ozzy Media may use your address to notify you when an update to the Services becomes available. Ozzy Media may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, Ozzy Media may disclose personally identifiable information as a necessary component of providing the Services and associated administrative functions. In some cases, Ozzy Media uses your personally identifiable information to provide information to you, such as to send newsletters or to personalize the Services. Ozzy Media may also use your information to offer and operate the Services as well as sell and deliver advertising. In addition, but subject to all applicable laws, Ozzy Media may provide to a third party any information (including personnel identifiable information) about you and the Services if: (a) there is a complaint, dispute or conflict, including an accident; (b) it is necessary to enforce these Terms; (c) it is required, in our sole discretion, by applicable law; or (d) it is necessary, in our sole discretion, to: (i) protect the safety, rights, property or security of Ozzy Media, the Services or any third party; (ii) to detect, prevent or otherwise address fraud, security or technical issues; or (iii) to prevent or stop activity we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable. You expressly consent to Ozzy Media s use of location-based services, and you expressly waive and release Ozzy Media and its affiliated entities from any and all liability, claims, causes of action or damages arising from your use of the Services, or in any way relating to the use of the geo-location and other location-based services. Page 6 of 10
7 Transfer or Assignment Notwithstanding anything to the contrary in these Terms, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of Ozzy Media, or its affiliated entities, you agree that Ozzy Media can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to Ozzy Media to those third parties directly involved in the transfer or disposition of such assets. Privacy Protections for Children No part of the Services are designed or directed to children. To be eligible to register for the Service you must be at least 21 years of age. Therefore, Ozzy Media does not knowingly collect personally identifiable information from any minor or other person under age 13 and thus is not subject to the Children s Online Privacy Protection Act. Opt-Out If you object to the disclosure or use of your personal information by Ozzy Media you may contact Ozzy Media at the contact information provided in this section. However, you acknowledge that if you do not allow Ozzy Media to utilize your information, then Ozzy Media may not be able to provide certain information and services to you. 12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EQUIPMENT AND ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE OZZY MEDIA SERVICES OR OTHERWISE THROUGH THE PROGRAM IS PROVIDED AS IS AND ON AN AS AVAILABLE BASIS. OZZY MEDIA DOES NOT WARRANT THAT THE EQUIPMENT OR OZZY MEDIA SERVICES CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON THE INFORMATION PROVIDED TO YOU THROUGH THE OZZY MEDIA SERVICES OR EQUIPMENT IN MAKING YOUR BUSINESS DECISIONS. OZZY MEDIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE EQUIPMENT WILL MEET OR EXCEED ANY QUALITY OR OTHER PARAMETERS PROVIDED TO YOU THROUGH THE OZZY MEDIA SERVICES OR PROGRAM. OZZY MEDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 13. LIMITATION OF LIABILITY YOUR USE OF THE OZZY MEDIA SERVICES AND THE INFORMATION THEREON, YOUR PARTICIPATION IN THE PROGRAM AND YOUR USE OF THE EQUIPMENT IS ENTIRELY AT YOUR RISK. OZZY MEDIA WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, COMPARATIVE OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE OZZY MEDIA SERVICES, YOUR USE THEREOF OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE OZZY MEDIA SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, OR IN CONNECTION WITH THE PROGRAM OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF OZZY MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING ANY DAMAGE YOUR VEHICLE OR A THIRD PARTY S PROPERTY CAUSED BY OR RELATED TO THE EQUIPMENT WHILE INSTALLED ON YOUR VEHICLE OR DURING INSTALLATION OR REMOVAL OF THE EQUIPMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OZZY MEDIA FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE OZZY MEDIA SERVICES OR EQUIPMENT OR YOUR PARTICIPATION IN THE PROGRAM. IF Page 7 of 10
8 YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 14. CHANGES TO TERMS Ozzy Media may change these Terms from time to time. By continuing to use the Ozzy Media Services or participate in the Program after Ozzy Media posts any such changes, you accept the Terms, as modified. You can always find the current version of these Terms by checking COPYRIGHT Ozzy Media retains all rights with respect to the Ozzy Media Services and the Program. All content included or available in connection with the Ozzy Media Services and the Program, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively, the Content ) and the selection and arrangement thereof, are the sole and exclusive property of Ozzy Media or its licensors. However, you are free to view, copy, print and distribute the Content as long as: The Content is used for information purposes only; The Content is used only by you; and Copies of the Content include all applicable copyright notices. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Ozzy Media or any third party. THE CONTENT RELATED TO THE OZZY MEDIA SERVICES AND THE PROGRAM IS THE PROPRIETARY PROPERTY OF OZZY MEDIA OR ITS LICENSORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING, OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE OZZY MEDIA SERVICES. FRAMING AND LINKING IS STRICTLY PROHIBITED UNDER THIS POLICY. All Content is: Copyright 2017 Ozzy Media, Inc. or its licensors. All rights reserved. Ozzy Media respects the intellectual property of others, and Ozzy Media asks you to do the same. If you believe Content has been copied in such a way as to constitute copyright infringement, please contact Ozzy Media. 16. TRADEMARKS The Ozzy Media trade name and the Ozzy Media logo are trademarks of Ozzy Media. The Ozzy Media logos and trademarks that appear throughout the Ozzy Media Services belong to Ozzy Media, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of Ozzy Media, you agree not to display or use the Ozzy Media trademarks in any manner. Nothing on the Ozzy Media Services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Ozzy Media, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed in connection with the Ozzy Media Services or the Program may be the trademarks of their respective owners. Page 8 of 10
9 17. REMEDIES AND CORRECTIVE ACTION Ozzy Media reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms, and expressly reserves all rights and remedies available to Ozzy Media at law or in equity. Subject to Ozzy Media s obligations under a user agreement, Ozzy Media reserves the right to prevent access to the Ozzy Media Services to you or any other user for any reason, at any time, at Ozzy Media s reasonable discretion. 18. RELATIONSHIP You acknowledge and agree that the intent of these Terms is to create an independent contractor relationship, and that nothing contained in these Terms may be construed to make us partners or joint venturers, or principals, agents or employees of each other. Neither of us has any right, power or authority, express or implied, to bind the other. And you are solely liable for all costs and obligations that you incur due to your participation in the Program. 19. ARBITRATION AND GOVERNING LAW You will submit any disputes arising from the use of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. These Terms shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Delaware, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Wilmington, Delaware, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these Terms and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts. 20. SEVERABILITY AND WAIVER If any provision of these Terms is held to be invalid or unenforceable, it shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Ozzy Media s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. 21. INDEMNIFICATION You acknowledge that Ozzy Media does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Third-Party Provider, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend (at Ozzy Media s option), indemnify and hold harmless Ozzy Media, its affiliates and licensors, and all of their directors, officers, managers and employees, from and against all suits, proceedings, losses, liabilities and expenses, including without limitation, attorneys fees, whether in tort, contract or otherwise, that arise out of or relate to (a) your breach of any term, acknowledgement or warranty in these Terms; (b) any act or omission by you in relation to the Ozzy Media Services or your participation in the Program or (c) your use of the Equipment. 22. ENTIRE AGREEMENT These Terms constitute the entire and final agreement between you and Ozzy Media with respect to the subject matter hereof and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. Page 9 of 10
10 These Ozzy Media Terms and Conditions were updated on June 29, * * * * * By signing this document, you acknowledge that you understand and agree to be bound by the terms of these Terms. Ozzy Driver Partner: Date: Name: Signature: Ozzy Media Inc: Date: Name: Signature: Page 10 of 10
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