Terms
Our services
Oxigen.net and the Oxigen screensaver software available for download from Oxigen.net and other websites (the “Oxigen service”) is provided by Oxigen II Limited (“Oxigen”) of the registered address (“registered address”) Hanover House, 14 Hanover Square, London, W1S 1HP, United Kingdom.
Your agreement to our terms
By using the Oxigen service you agree to be bound by these terms and conditions (“terms”). In the absence of any separately agreed Partner Contract, these terms, together with the Privacy Policy posted at www.oxigen.net/privacy, shall constitute the entire agreement between you and Oxigen. If you do not agree with these terms you should not use the Oxigen service.
Your eligibility
By using the Oxigen service you confirm that you are able and competent to enter into these terms or if you are under 18 years of age that you possess legal parental or guardian consent.
Your conduct
Username and Password
If you use the Oxigen service to create or contribute to a screensaver channel, you will be asked to create a username and password. You are entirely responsible for any and all use of your username and for maintaining the confidentiality of your password. You agree to notify Oxigen immediately if you suspect any unauthorised use of your username and password.
Prohibited Content
You may not use the Oxigen service to distribute any content
Commercial Use
You may not use the Oxigen service to distribute advertising for a third party unless specifically provided for, separately to these terms, in a Partner Contract between you and Oxigen.
Re-sale
You agree not to re-sell any aspect of the Oxigen service.
OUR CONDUCT
Your Privacy
Information provided by you in use of the Oxigen service is subject to our Privacy Policy available at www.oxigen.net/privacy.
Notices
Oxigen may modify these terms from time to time and such modification shall be effective upon posting by Oxigen on the Oxigen.net website. In using the Oxigen service after any such posting you agree to be bound by the modifications to the terms.
Removal of Content
Oxigen may remove from the Oxigen service any content that, in the sole judgement of Oxigen, violates these terms or any law, gives rise to civil liability or encourages behaviour that would be considered a criminal offence.
Termination of Use
Oxigen reserves the right to terminate without notice your access to the Oxigen service if, in the sole judgement of Oxigen, your use of the Oxigen service violates these terms or any law, gives rise to civil liability or encourages behaviour that would be considered a criminal offence.
Legal Action
Oxigen reserves the right to take appropriate legal action against you if, in the sole judgement of Oxigen, your use of the Oxigen service violates any law, gives rise to civil liability or encourages behaviour that would be considered a criminal offence.
YOUR CONTENT & COPYRIGHT
No Guarantee of Confidentiality
You understand that Oxigen does not guarantee confidentiality with respect to any content or data you distribute via the Oxigen service.
You Warrant Right to Distribute
In using the Oxigen service to distribute content you warrant that you either own the content or have the necessary rights, licenses, permission or consent to distribute the content in the manner inherent within the Oxigen service and that the distribution of the content via the Oxigen service shall not violate the rights of any third party.
You Grant License to Distribute
In using the Oxigen service to distribute content you grant to Oxigen a worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display this content within the Oxigen service and Oxigen (and any succesor’s) business including without limitation for promoting the Oxigen service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Oxigen service a non-exclusive licence to access your content via the Oxigen service. Any rights so granted to Oxigen or users of the Oxigen service shall be terminated if you remove your content from or terminate your use of the Oxigen service.
Oxigen Does Not Claim Ownership
Oxigen does not claim ownership of content you distribute via the Oxigen service.
Third Party Proprietary Rights
You may not use the Oxigen service to distribute any content that is in any way subject to third party proprietary rights
Oxigen Shall Not Be Liable for Your Content
Oxigen endeavours to remove from the Oxigen service, but shall not be liable for, any content distributed via the Oxigen service that violates these terms, any law, gives rise to civil liability or encourages behaviour that would be considered a criminal offence or contains software viruses or any other means of changing the functionality of the Oxigen service or the computer software, hardware or telecommunications equipment of other users of the Oxigen service.
Your Feedback
If you submit to Oxigen by any means any feedback as detailed in www.oxigen.net/feedback you warrant that your feedback does not violate any third party proprietary rights and agree that Oxigen is not responsible for the confidentiality of this feedback and that the feedback becomes the property of Oxigen and that Oxigen has no obligation to you related to this feedback.
OUR COPYRIGHT
You acknowledge that the Oxigen service contains confidential information that is the property of Oxigen and protected by relevant laws and agree not to reproduce, duplicate, copy, modify, lease, loan, distribute or sell the Oxigen service or derivative works based on the Oxigen service. Oxigen grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer provided that you do not in any way copy, modify, reverse engineer or assemble, sell, assign or sub-licence or in any other way transfer any rights in the Oxigen service.
THIRD PARTY CONTENT & COPYRIGHT
If you believe that any content distributed via the Oxigen service violates your copyright you should notify Oxigen at the registered address.
LIMITATION OF LIABILITIES, DISCLAIMER OF WARRANTIES, INDEMNITY & DISPUTES
Links
Oxigen shall not be responsible for any aspect of Internet sites provided by third parties to which links are provided within the Oxigen service.
Your Dealings with Third Parties
Oxigen shall not be responsible for any loss or damages arising from any dealings you have with any other users of the Oxigen service or third parties represented on the Oxigen service.
Disclaimer of Warranties
You understand and agree that the Oxigen service is provided on an “as is” and “as available” basis, that use of the service is at your sole risk and that Oxigen and its officers, employees, partners and agents disclaim any warranties of any kind.
Limitation of Liability
You understand and agree that Oxigen shall not be liable to you for any damages resulting from any matter relating to the Oxigen service including but not limited to your use or inability to use the service or unauthorised access to your content.
Indemnity
You agree to indemnify Oxigen and its officers, employees, partners and agents against any claim by any third party against you or Oxigen that arises from use by you of the Oxigen service in violation of these terms.
Disputes
You agree that the laws of England shall govern any dispute about the Oxigen service.
3rd Party Beneficiaries
You agree that there shall be no third-party beneficiaries to this agreement.