Terms and Conditions of Use Agreement
Read This Before Accessing Website 

Effective Date: This Terms and Conditions of Use Agreement was last updated on January 30, 2010.

Welcome to www.OCJJ.com by Otane, Inc. Please read this Terms and Conditions of Use Agreement (“Agreement”) completely and carefully before using the OCJJ.com (the “Site”). By using the Site, you express your unconditional agreement to follow and be bound by this Agreement in its entirety. If you do not agree with any of the following Terms and Conditions of Use, please do not use this Site.

 

1. OCJJ Services  
   OCJJ provides Members with video uploading and social networking services.  The services offered by OCJJ.com (“OCJJ” or “we”) include the OCJJ.com website (the “Site”), the OCJJ.com Internet messaging service, video uploading and sharing service, and any other features, content, or applications offered from time to time by OCJJ in connection with the Site (collectively, the “OCJJ Services”). The OCJJ Services are hosted in the State of California in the United States of America.

2. This Agreement  
   This Agreement sets forth the legally binding terms for your use of the OCJJ Services, including your rights, obligations and restrictions.  By using the OCJJ Site and the OCJJ Services, you agree to be bound by this Agreement and OCJJ’s Privacy Policy, whether you are a “Visitor” (which means that you simply browse the OCJJ Website) or you are a “Member” (which means that you have registered with OCJJ.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the OCJJ Services, regardless of whether your access or use is intended, if you agree to abide by all applicable laws and to this Agreement.  This Agreement shall remain in full force and effect while you use any OCJJ Services.

 

3. Modifications   
   We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Modifications shall become effective immediately upon being posted at the OCJJ.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement of and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.  It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

4. Permission for Use 
   OCJJ hereby grants you permission to use the OCJJ Site as set forth in this Agreement, provided that:

1. your use of the Site is solely for your personal, noncommercial use;

2. you will not copy or distribute any part of the Site in any medium without OCJJ’s prior written authorization;

2. you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and

2. you will otherwise comply with the terms and conditions of this Agreement and OCJJ’s Privacy Policy.

You are solely responsible for providing your own equipment for accessing the internet, including computer and modem, and for paying any fees in connection with obtaining internet access. 

5. Privacy 
   Use of the OCJJ Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.  You agree that by accepting this Terms and Conditions of Use Agreement, you are consenting to the use and disclosure of your personally-identifiable information and other practices described in our Privacy Policy.

6. OCJJ Membership   
   OCJJ reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the OCJJ Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility.  Use of and Membership in the OCJJ Services is void where prohibited. By using the OCJJ Services, you represent and warrant that

 

1. all registration information you submit is truthful and accurate;
2. you will maintain the accuracy of such information;
3. you are 13 years of age or older; and
4. your use of the OCJJ Services does not violate any applicable law or regulation.

Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.  

2. Term. You may terminate your Membership at any time, for any reason.  OCJJ may terminate your Membership at any time, for any reason, without warning.

3. Fees. You acknowledge that OCJJ reserves the right to charge for the OCJJ Services, and to change its fees from time to time in its discretion.  If OCJJ terminates your Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password.  When you sign up to become a Member, you will be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify OCJJ immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The OCJJ Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OCJJ. Illegal and/or unauthorized use of the OCJJ Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the OCJJ Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.  Appropriate legal action will be taken for any illegal or unauthorized use of the OCJJ Services.

 

7. Proprietary Rights in Content on the OCJJ Site

1. User Submissions. 
   The OCJJ Site permits the posting and submission of text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) by you and other Users, and the hosting, sharing, and/or posting of such Content. You understand that whether or not such Content is published, OCJJ does not guarantee any confidentiality with respect to any submitted or posted Content.  You understand and acknowledge that any Content you submit or post to the OCJJ Site may be redistributed through the internet and other media channels, and may be viewed, used and collected by the general public.

2. Ownership.
   OCJJ does not claim any ownership rights in Content that you submit or post to the OCJJ Services. After posting your Content to the OCJJ Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use and license your Content.

3. Grant of License.
   By submitting, displaying, or posting any Content on or through the OCJJ Services, you hereby grant to OCJJ and its subsidiaries and successors, a royalty-free, non-exclusive, sub-licensable and transferable worldwide license to use, reproduce, distribute, modify, prepare derivative works of, publicly display and publicly perform such Content solely for and through the OCJJ Services in any media now known or hereafter developed.   
    
   You also hereby grant each User of the OCJJ Site a royalty-free, non-exclusive, limited license to access your Content through the OCJJ Site, and to use such Content as permitted through the functionality of the Site and under this Agreement.

4. Termination:
   These licenses will terminate at the time you remove your Content from the OCJJ Services. These licenses do not grant OCJJ or its Users the right to sell your Content, nor does the license grant OCJJ or its Users the right to distribute your Content outside of the OCJJ Services.

5. User Warranties and Representations:
   You shall be solely responsible for the Content you submit or post in connection with the OCJJ Services and the consequences of posting or publishing them.  You represent and warrant that:

1. you own the Content submitted or posted by you on or through the OCJJ Services or otherwise have the right to grant the license set forth in this section; and

2. you own or have the necessary licenses, rights, consents and permissions to use and authorize OCJJ to use the Content submitted or posted by you on or through the OCJJ Services, and that such use does not and will not violate the privacy rights, publicity rights, trade secret rights, patents, copyrights, trademark rights, contract rights or any other rights of any person.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted or posted by you to or through the OCJJ Services.

3. the Content submitted or posted by you on the OCJJ Site or through the OCJJ Services does not contain

1. falsehoods or misrepresentations that could damage OCJJ or any other person;

2. unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material;

6. material that encourages or promotes conduct that would be considered a criminal offense, or would violate any law, such as gambling, drug dealing, harassment, and stalking;

7. material that could give rise to civil liability, such as material that impersonates another person in violation of that person’s privacy rights or publicity rights;

8. material that advertises or solicits Users to buy or sell products or services or involves other commercial activities and/or sales without the prior written consent of OCJJ;

9. material that promotes the unauthorized copying or distribution of another person’s copyrighted work; and

10. personally-identifying information of others or solicitations for such information for commercial or unlawful purposes.

8. Prohibited Content and Activity

1. OCJJ reserves the right to investigate and take appropriate legal action against anyone who, in OCJJ’s sole discretion, violates this Agreement, including without limitation, removing the offending communication from the OCJJ Site and terminating the Membership of such violators.  To report illegal, harassing, or offensive material or activities, please contact:

2. OCJJ prohibits any and all criminal or tortious activity in connection with its services, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets.  OCJJ further prohibits the posting and of submission of Content described in section 7e(iii) of this Agreement. 

3. OCJJ does not permit the use or launch of any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the OCJJ servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser.  Collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or other purposes is strictly prohibited.  Unauthorized framing of or linking to the OCJJ Site is also prohibited.

4. OCJJ does not permit Users to solicit, for commercial purposes, other Users of the OCJJ Services with respect to their posted or submitted Content or transmissions. OCJJ prohibits the transmission of any chain, junk, or bulk emails by and through the OCJJ Services for solicitation or other purposes. 

5. OCJJ does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and OCJJ will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.  If you are a copyright owner and believe that any posted Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OCJJ’s designated Copyright Agent to receive notifications of claimed infringement is:  
OCJJ.com
22661Lambert Street #209
Lake Forest, CA 92630
By Email:  jim@ocjj.com

6. The OCJJ Services and the OCJJ Site contain Content of Users and other OCJJ licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on OCJJ Site or through the OCJJ Services.

7. OCJJ does not permit circumvention, disabling or other interference with the security related features of the OCJJ Site, or features that prevent or restrict use or copying of any Content.  OCJJ further prohibits the imposition of any limitation on the use of the OCJJ Site or the Content therein.

 

9. User Disputes 
   You are solely responsible for your interactions with other OCJJ Users.  OCJJ reserves the right, but has no obligation, to monitor disputes between you and other Users.

10. OCJJ’s Intellectual Property

1. All content created for and by OCJJ (collectively “OCJJ Content"), including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright, trademark, patent, trade secret, and other laws, and OCJJ owns and retains all rights in the OCJJ Content and the OCJJ Services.

2. OCJJ hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the OCJJ Content (excluding any software code) solely for your personal use in connection with viewing the OCJJ Site and using the OCJJ Services. Any other use of the OCJJ Content without the prior written permission of an authorized officer of OCJJ is strictly prohibited.

3. OCJJ™ and OCJJ.com™ are proprietary marks of OCJJ.  OCJJ’s trademarks may not be used in connection with any product or service that is not provided by OCJJ, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OCJJ.

 

11. User-Posted Content

1. You shall be solely responsible for the Content you submit or post in connection with the OCJJ Services and the consequences of posting or publishing the Content.  You understand that Content is not necessarily reviewed by OCJJ prior to posting, and that OCJJ cannot control what Content is submitted or posted by its Users. 

2. OCJJ assumes no responsibility for monitoring the OCJJ Site for inappropriate Content or conduct. If at any time OCJJ chooses, in its sole discretion, to monitor the activity and Content of the Site, OCJJ assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

3. OCJJ may, without prior notice, delete any Content that, in the sole judgment of OCJJ, violates this Agreement or which may be harmful, offensive,or illegal, or violate the rights or threaten the safety of any person.  OCJJ may also, without prior notice and in its sole discretion, delete any Member profile, including any Content therein, and/or terminate a User’s access to the OCJJ Site.

 

12. Third Parties: Links, Advertising and Websites 

1. The OCJJ Site may include authorized advertisements and/or links to other sites on the Internet that are owned and operated by online merchants and other third parties.  OCJJ’s authorization and placement of such links and advertising constitute neither an endorsement nor a recommendation of those third parties.  In addition, OCJJ’s use of third parties’ trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with OCJJ.

2. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  We encourage all Users to review the terms of use and privacy policies of the third-party sites they visit.

13. Disclaimer of Warranties and Liabilities

1. The OCJJ Site and OCJJ Services are provided by OCJJ on an “as is” and on an “as available” basis.  OCJJ makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, availability or otherwise. 

2. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable on the OCJJ Site. OCJJ makes no representations or warranties as to the accuracy or reliability of the Content or any material or information posted by Users.  OCJJ expressly disclaims any and all liability in connection with such Content.

3. OCJJ makes no representations or warranties as to the accuracy or reliability of the product specifications and other information provided by online merchants and other third parties.  To the fullest extent permitted by applicable law, OCJJ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.

 

14. Limitation of Liability   
    OCJJ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, OCJJ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF OCJJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS.

15. Indemnification 

    You agree to indemnify, defend and hold OCJJ, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the OCJJ Site, your violation of this Agreement, or any infringement or violation by you, or another User of the OCJJ Site using your computer, involving the intellectual property rights or any other rights of any person or entity.

 

16. Modification and Interruption to Service   
    OCJJ reserves the right to modify or discontinue the OCJJ Site and Services with or without notice to you.  OCJJ shall not be liable to any User or any third party should OCJJ exercise its right to modify or discontinue the Service.  OCJJ shall have no liability for any interruptions in the use of this website.  You acknowledge and accept that OCJJ does not guarantee continuous, uninterrupted or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

17. Governing Jurisdiction of the Courts of California   
    Our website is operated and provided in the State of California.  As such, we are subject to the laws of the State of California, and such laws will govern the OCJJ Terms and Conditions of Use Agreement, and Privacy Policy without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of California, and further agree to personal jurisdiction in the state and federal courts of the County of Los Angeles.

 

18. Severability  
    If any provision of this Terms and Conditions of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. 

19. Assignment   
    You agree that this Terms and Conditions of Use Agreement and any other agreements referenced herein may be assigned by OCJJ, in our sole discretion, to a third party in the event of a merger or acquisition. 

 

20. Integration and Interpretation  

    This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us and in relation to your participation as a Member or User of OCJJ Services.  The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments to this Agreement.  Captions are to be used for reference purposes only and should be ignored in the interpretation of this Agreement.

21. Ability to Accept Terms of Use   
    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Agreement. In any case, you affirm that you are over the age of 13, as the OCJJ Site and OCJJ Services are not intended for children under 13.

 

Please contact us at jim@ocjj.com with any questions regarding this Agreement. 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.