ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY OXYGEN FORENSICS THROUGH THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH OXYGEN FORENSICS AND USE OF THE SERVICES PROVIDED THROUGH THE OXYGEN FORENSICS WEBSITE. OXYGEN FORENSICS HEREBY REQUESTS THAT YOU ACCEPT THIS TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THIS TERMS OF SERVICE. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.
Acceptance of Terms of Service
This Terms of Service (the “Agreement” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“you” or“user”), and
Oxygen Forensics, Inc. and its affiliates (“Oxygen Forensics”) regarding use of https://oxygenforensics.com/ (the “Website”) and the Services, as defined below. Oxygen Forensics makes the Website and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept this Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in this Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future Oxygen Forensics service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by Oxygen Forensics, you will be subject to the guidelines and conditions applicable to such products or services.
This Terms of Service may be amended by Oxygen Forensics at any time upon notice provided through a posting on the main page of the Website.
Please check this Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to this Terms of Service or, where inconsistent with this Terms of Service such specific terms will supersede this Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with this Terms of Service.
Oxygen Forensics reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. Oxygen Forensics also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
Oxygen Forensics is the worldwide leading maker of the advanced forensic data examination tools for smartphones and other mobile devices. We are dedicated to delivering the most universal forensic solution covering the widest range of mobile devices running Android, iOS, Blackberry, Windows Phone, Symbian and other operating systems. Law enforcement and government agencies, institutions, corporations and private investigators, help desk personnel, and thousands of private consumers rely on Oxygen Forensics products to analyze, recover, and collect evidence from mobile devices. Our Oxygen Forensic® Suite consistently occupies the top spot in tests for extracting more data from mobile devices than our competitors. Our customers include various U.S. and European federal and state agencies, such as the IRS, U.S. Department of Justice, U.S. Department of Homeland Security, U.S. Department of Transportation, U.S. Postal Service, U.S. Supreme Court, European Commission, London Metropolitan Police, French National Police and Gendarmerie, PricewaterhouseCoopers, Ernst & Young and many others.
You agree to use the Website and Services only for purposes permitted by this Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. OXYGEN FORENSICS IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Oxygen Forensics is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the Website and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by Oxygen Forensics or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Services (or the servers and networks which are connected to the Website or Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or Services any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Services or any affiliated or linked sites.
When you request technical support from Oxygen Forensics, you may be required to create a personalized account (“User Account”) or a User Account automatically be created for you by Oxygen Forensics. In creating your User Account, you agree to submit accurate, current and complete information about yourself. Oxygen Forensics reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you may be permitted to choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by Oxygen Forensics, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
User Account holders may upload certain content to be posted on and accessed through the Website and Services (“User Content”). Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. You acknowledge and agree that Oxygen Forensics has no liability of any kind should users or third parties access your User Content. Furthermore, you acknowledge and agree that User Content you submit, post, or display may be viewable by other users of the Website and Services and, potentially, through third party services and websites.
Oxygen Forensics does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
Guidelines for Communicating with Users
Oxygen Forensics reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in Oxygen Forensics’ opinion:
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other right of any entity or person;
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via the Website;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
- contains links to other sites that contain the kind of content which falls within the descriptions set out above.
Oxygen Forensics may provide technical support for users. In order to receive technical support from Oxygen Forensics, the user seeking such support must request such support by contacting Oxygen Forensics at [email protected] or via the Website. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). Oxygen Forensics will make reasonable efforts to respond to such requests in a timely manner, however Oxygen Forensics will have no obligation to respond to any technical support request. It may be necessary to create a User Account as precondition of receiving technical support from Oxygen Forensics. The user shall cooperate with Oxygen Forensics when seeking technical support services by providing information necessary to assist Oxygen Forensics or requested by Oxygen Forensics while diagnosing or resolving the issue. Although Oxygen Forensics cannot guarantee that a technical support issue will be resolved, Oxygen Forensics will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
Term and Termination
The term of this Terms of Service (“Term”) shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by Oxygen Forensics or you by written notice. Oxygen Forensics reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, this Terms of Service 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 this Website and the Services including without limitation any use of Oxygen Forensics’ trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE OXYGEN FORENSICS APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website and Services may include links to other Website and/or third party products and that are not under Oxygen Forensics’ control (collectively, “Third Party Materials”). Oxygen Forensics shall not be responsible in any way for such Third Party Materials. Oxygen Forensics provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Oxygen Forensics of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service 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.
Copyright, trademark and all other proprietary rights in the Website, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with Oxygen Forensics and/or its licensors. Unless otherwise specifically provided herein or authorized by Oxygen Forensics in writing, all rights in the Website, Services, and 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 Content, Website, or Services, other than in conjunction with the Services offered by Oxygen Forensics through the Website.
Oxygen Forensics 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 or otherwise provided on this Website are the properties of their respective owners. Oxygen Forensics disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OXYGEN FORENSICS 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 OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. OXYGEN FORENSICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. OXYGEN FORENSICS DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY OXYGEN FORENSICS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Oxygen Forensics in writing, contractors, agents, dealers or distributors of Oxygen Forensics 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 WEBSITE OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH 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, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OXYGEN FORENSICS 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 ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OXYGEN FORENSICS OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific Oxygen Forensics products and services that may not be 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, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL OXYGEN FORENSICS 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 THE WEBSITE OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICES, 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 CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF OXYGEN FORENSICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST OXYGEN FORENSICS PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO OXYGEN FORENSICS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.