Fozium Inc. Terms of Services

ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH FOZIUM, AND USE OF THE SERVICES, AS DEFINED BELOW, PROVIDED TO YOU BY FOZIUM. YOU MAY USE THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. USING THE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES.


Acceptance of Terms of Service
This Terms of Services Agreement (the «Agreement» or «Terms of Services») is a legal agreement between you, either an individual or an entity («You» or «User»), and Fozium, («Fozium»), regarding the Services, as defined below. Fozium makes the Website www.fozium.com including all Fozium’s domains included within this Internet website («Website»), and all information, graphics, documents, text, products, services and all other elements of the Website and all products offered on this Website and Services operated through the Website, available for You subject to the terms and conditions set forth in this Agreement.

In order to use the Services, You must first agree to the Terms of Service. By using the Services, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You may NOT use the Services. If You do NOT agree to any additional specific terms which apply to particular Fozium’s Content (as defined below) or to particular transactions concluded through the Website, then You may NOT use the part of the Website and/or Services which contains such Fozium’s Content or through which such transactions may be concluded and You may NOT use such Fozium’s Content or conclude such transactions. Also, when You use any current or future Fozium’s Services or visit Fozium’s Websites or obtain any products or services, whether free of charge or for payment, of Fozium or any business affiliated with Fozium, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business.

The Terms of Service may be amended by Fozium at any time. Such amended Terms of Service shall be effective upon posting on the Website. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Services. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the «Fozium’s Content») or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.

Fozium reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Fozium reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services
Fozium provides various downloadable software products, data, and website content and forum(s) relating thereto.

Warranties and Disclaimers
ALL CONTENT AND SERVICES ARE PROVIDED «AS IS» AND «AS AVAILABLE». FOZIUM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICES OR THE CONTENT. FOZIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FOZIUM DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY FOZIUM ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Fozium in writing, contractors, agents, dealers or distributors of Fozium or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FOZIUM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICES. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOZIUM OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

The Website may contain references to specific Fozium products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and Services and products contained therein, You may be exposed to Fozium’s Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, services and products at Your own risk.

IN NO EVENT SHALL FOZIUM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR FOZIUM’S CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE FOZIUM’S CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FOZIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FOZIUM PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO FOZIUM IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.

Your Warranties
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO FOZIUM IN CONNECTION WITH THE SERVICE IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICES; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FOZIUM; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT («YOUR CONTENT») THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY FOZIUM, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all products downloaded or purchased from this Website is further subject to United States export controls. No product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Fozium’s Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Use of the Services by You
You agree to use the Services only for purposes permitted by the Terms of Services as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Fozium. You agree not to access or attempt to access any of the Services by way of automated means. You agree that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Your Passwords and Account Security
You agree and understand that You are responsible for maintaining the confidentiality of user names and passwords, if any, that are associated with any account You use to access the Services. Accordingly, You are solely responsible to Fozium for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, please notify Fozium immediately at privacy@fozium.com. Fozium will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Fozium or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Term
The term of this Term of Services («Term») shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by Fozium by written notice. Fozium expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this Terms of Services will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, You must immediately cease using the Services including without limitation any use of Fozium’s trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.

Fee; Payments
All rights and privileges provided herein to You under this Terms of Service are subject to Your compliance of all of the terms and conditions and payments of applicable fee, if any, to Fozium, provided however, that Fozium expressly reserves the right to provide the Services free of charge during the Term, and further provided, that Fozium, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee.

Third Party Materials and Links to Other Sites
Fozium may be partnered with affiliated legal entities («Third Parties»). Fozium may provide You with Services on behalf of these Third Parties. You acknowledge and agree that Third Parties will be entitled to provide the Services to You. In order to use the Services You may need to obtain and/or use certain third-party products, services and/or materials («Third Party Materials»). Third Party Materials are (i) not licensed hereunder; (ii) not under Fozium’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of the Services. Such Third Party Materials, if any, are listed at the end of these Terms of Services and/or at www.fozium.com/ThirdPartySoftware. Notwithstanding any provision to the contrary herein, nothing in this Terms of Services shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.

Language of the Terms of Service
Where Fozium has provided You with a translation of the English language version of the Terms of Services into another language, You agree that the translation is provided for Your convenience only and that the English language versions of the Terms of Service will govern Your relationship with Fozium. If there is any contradiction between what the English language version of the Terms of Service says and what a translation says, then the English language version shall take precedence.

Intellectual Property
Copyright, trademark and all other proprietary rights in the Services and/or Fozium’s Content (including but not limited to software, services, audio, video and text) rest with Fozium and/or its licensors. Unless otherwise specifically provided herein or authorized by Fozium in writing, all rights in the Services and/or Fozium’s Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services and/or Fozium’s Content. All copyright and other proprietary notices shall be retained on all reproductions. Fozium hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material are the properties of their respective owners. Fozium disclaims any proprietary interests in the intellectual property rights other than their own.

Software Updates
The Services which You use may automatically download and install updates from Fozium. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Fozium to deliver these to You) as part of Your use of the Services.

Feedback
You may from time to time provide suggestions, comments or other feedback to Fozium with respect to any product, material, software or information provided by Fozium (hereinafter «Feedback»). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Fozium. However, Fozium shall not disclose the source of any feedback without the providing party’s consent. Fozium shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any Fozium’s privacy policies posted on the Website.

Notice and Procedure for Making Claims of Copyright Infringement
It is Fozium’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Fozium’s Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying Fozium and its affiliates that Your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A 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;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Fozium’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name:     Int’l Legal Counsels PC
Address: 901 N. Pitt Street, Suite 325, Alexandria, VA 22314, USA
E-mail:    info@legal-counsels.com

Information and Materials Provided By You
You are solely responsible for, and assume all liability regarding, the information and content You post, transmit, publish, or otherwise make available through the Services. Although Fozium uses state of the art technology to protect information You transmit through the Services, there remain inherent dangers in transmitting sensitive information over the Internet. Fozium does not warrant or guarantee that the information You transmit through the Services will remain secure or that Your information will not be intercepted by unauthorized parties. If You intend to transmit sensitive information through the Service, Fozium urges You to encrypt Your information before transmission.

Unlawful or Prohibited Use
You may not use the Website and/or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website and/or Services. You may not use this Website and/or Services in any manner that could damage, disable, overburden, or impair this Website and/or Services, or that interferes with any third party’s use and enjoyment of this Website and/or Services. You agree that You will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Fozium to all users of this Website and/or Services. You shall not institute, assist, or become involved in an attack upon any Fozium server or otherwise attempt to disrupt the Fozium servers. ANY ATTEMPT BY YOU TO DAMAGE FOZIUM SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF FOZIUM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FOZIUM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification
You hereby agree to indemnify and hold harmless Fozium, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service.

Linking to the Website
Linking to the Website is permitted provided that You comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Fozium endorses or sponsors the linker or its site, products or services. You must not use Fozium’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Fozium or as otherwise provided herein. Furthermore, You agree to remove the link at any time upon Fozium’s request.

Ending Your Relationship with Fozium
The Terms of Service will continue to apply until terminated by either You or Fozium as set out below. If You want to terminate Your legal agreement with Fozium, You may do so by (a) notifying Fozium at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to privacy@fozium.com. Fozium reserves the right to terminate its legal agreement with You at its discretion.

Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, USA for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Fozium. Fozium does not bear any responsibility nor assumes any risks if by any reason a Service or the Website breach national law of any state. Those who access this Website or use the Services do so on their own initiative and are responsible for compliance with their national laws. Questions may be submitted at privacy@fozium.com. Please also have a look at our Privacy Policy at www.fozium.com/privacy and our End-User License Agreement supplied with the downloadable software.

Copyright © 2011-2017, Fozium and its licensors. All rights reserved.
This Website and accompanying products and documentation are the copyrighted property of Fozium Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Fozium and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Fozium Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Fozium or third party trademarks or logos without the prior written consent of Fozium or the applicable trademark owner is strictly prohibited.