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Legal Notice

TERMS AND CONDITIONS FOR THE USE OF OXYA WEB SITE

These are the Terms and Conditions for the utilization of the Internet web site of :
oXya Corporation, a Delaware corporation with principal offices at 2500 Plaza V - Harborside Financial Center Jersey City NJ 07311-4035 (hereafter “oXya” or “We”)

1. Overview

The following are the terms of a legal agreement between you and the persons visiting the Site with you, whether future customer or not (hereafter “You” or “the Visitor(s)”), and oXya (hereafter “Terms and Conditions”). By accessing, browsing, or using any part of the web site of oXya (hereafter the “Site”), You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If You do not agree to these terms, please do not use this Site, it being understood that any use of our Site constitutes your binding acceptance of the Terms and Conditions, including any modifications that we may make from time to time.

2. oXya’s rights

You are informed and You agree that We have the right to take the following actions at our sole discretion at any time and for any reason without giving You any prior notice:

- Restrict, suspend, or terminate Your access to all or any part of our Site;
- Change, suspend, or discontinue all or any part of our Site;
- Reject, move, or remove any material that You submit to our Site for any reason;
- Reject, move, or remove any content that is available on our Site;
- Establish general practices and limits concerning use of our Site.

By using our Site, You agree that We will not be liable to You or any third party for taking any of these actions.

3. Online Privacy

This provision discloses which type of the Visitor’s information is gathered and tracked, how the information is used, and with whom the information is shared.

Regarding the collection, use and retention of information collected from the European Union by oXya’s sites, Safe Harbor registration is in progress. The present terms and conditions will be updated by oXya as soon as the registration is completed.

3.1 Personal Information

We collect personal information of the Visitors for various purposes, such as corresponding with You. For the purpose of these Terms and Conditions, "personal information" means any information which can be used to identify a natural person, such as a name, number, symbol, mark, or other identifier.
We may combine the information We collect on the Visitors with information obtained from other sources to help us improve its overall accuracy and completeness, and to help us better tailor our interactions with the Visitors.

In addition, We may also collect information relating to the Visitors use of our Site through the use of various technologies, including cookies, considering that a cookie is a small text file that is inserted on your hard drive when You visit our Site. It contains some information allowing us to check whether you have visited our Site before, such as the cookie's identification number, file name, and expiration date.

3.2 Uses

We use the information we collect to:
- Contact the Visitor, should the case arise, for customer satisfaction surveys, market research or in order to send the Visitor newsletters.
- Use the information for marketing purposes if the Visitor has permitted such use.
- Personalize the Visitor’s experience while on the Site, make navigation easier, and for the Site usage statistics.
- Customize the content and advertising You see.

3.3 Your Choices

- If You choose to share contact information with us, You will have the opportunity to update such information.
- When We collect information from the Visitor, the Visitor may tell us if it refuses to be further contacted. In this consideration, You can contact us with this link
- The Visitor may also turn off cookies in its browser.
- You can stop the delivery of commercial email messages from oXya, by following the instructions in any such email You receive or by contacting oXya.

3.4 Disclosure

We may share Visitor’s information:
- With our partners and subcontractors.
- Within oXya’s affiliate and mother company and notably oXya’s French entity.
- If oXya is sold to another company.
- To protect or defend the rights of oXya or our users.
- When required by law or public authorities.

4. Copyright and Intellectual Property rights

4. 1 Contents and software of the Site

All material and information that You may access on the Site, including but not limited to designs, text, graphics, logos, button icons, images, audio clips and photographs, especially those of our employees and partners, is our exclusive property or the property of our partners or subcontractors and is notably protected by French law, by U.S. copyright and trademark law, international treaties, and other applicable copyright and trademark laws. Also, all software used for and on the Site is our property or our partners or subcontractors’ property and is then also specifically protected by U.S. copyright, international treaties, and other applicable copyright and trademark laws (hereafter together the material, the information and the software “the Content”).

All the Content presented by us or including in the Site is intended to be used for informational purposes only.

Considering what is above mentioned, You may not copy, modify, rent, lease, loan, sell, assign, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, reverse engineer, or in any way exploit any of the Content of our Site in whole or in part or transfer any right to the technology or software underlying our Site. You are specifically not allowed to reproduce the HTML Code of the pages of this server, for a public distribution. And more generally, any other use of the Content without our prior written permission is strictly prohibited and shall be subject to compensation / indemnification.

4.2 Trademarks and logos of the Site

All the trademarks or logos of the Site, and in particular  the trademark “oXya”, are all the exclusive property of oXya, except for the trademarks or logos owned by our partners or subcontractors whose trademarks or logos may be used on the Site. You are hereby informed that all these trademarks and logos are notably protected by French law and by U.S. trademark law, international treaties, and other applicable trademark laws.

You may then not copy, modify, rent, lease, loan, sell, assign, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit or transfer any right on these trademarks and logos without our prior written permission. 

You are informed that any prohibited use shall be subjected to compensation / indemnification.

4.3 Hypertext links to third web sites

The Site can include some links to others Internet web sites or to others Internet sources.

As We cannot control these sites and external sources, We cannot be liable for these sites and sources. Neither will We be liable because of the contents, the advertising, the products, the services or any information or data that are available on or from this sites or external sources.

Subsequently, You expressly accept that We shall not be liable for any damage or losses You suffered in relation to or caused by the use of the content or the services available on these sites or external sources.

4.4 Hypertext links to the Site

Any creation of links to the Site, all framing of the Site, and more generally all use of any element composing the Site, is submitted to our prior and express authorization, which can be revoked at any time, at our sole discretion. We also reserve for ourselves the right (i) to ask for the removal of any link to the Site that was, is or is not authorized anymore, and (ii) to claim for compensation / indemnification resulting in the prejudice issued from this fact.

4.5 Your content on the Site

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site (hereafter "Your Content"). You certify that You own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

5. User policy

This Site is not intended for children neither to be used by minors.

If We request registration information from You, You commit to provide us with true, accurate, current, and complete information. You will promptly update Your registration to keep it accurate, current, and complete. If We issue You a password, You may not reveal it to anyone else. You may not use anyone else's password. You are responsible, if the case may be, for maintaining the confidentiality of Your accounts and passwords. If the case may be, You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security.

In addition, You, as a Visitor, shall respect other Internet users’ rights and notably use the Site with respect, and courtesy.

In this regard, You commit to restrict yourself from:

- Downloading, displaying, sending by email or transmitting by any other mean to the Site, an illegal, illicit, infringing or damaging content,
- Defaming, abusing, harassing, threatening, or otherwise violating the legal right of others,
- Disturbing or interrupting the Site, the servers or the networks connected to the Site, or breaking the rules, the proceedings, the regulations of the networks connected to the Site,
- Trying to attempt to disrupt any other Visitor, any hosting service provider or network, including but not limited to:

  • Exposing the Site to viruses or corrupted files or any other similar software or programs that may damage or adversely affect the Site,
  • Creating saturation,
  • Flooding the server,
  • Saturating of any mailbox or falsification of any kind or of any part of the information in any email,

- Accessing data of which You are not the intended recipient or entering without permission a server/ an account You are not allowed to enter,
- Interfering with or disrupting our Site, servers, or networks,
- Trying to examine and test the vulnerability of a system or a network, or also to infringe the security or authentication measures without having been authorized to do so,
- Usurping the identity of another person,
- Carrying out an illegal activity or inciting someone to carry out an illegal activity, or any other activity that would damage the rights of oXya, its providers, partners, distributors, advertisers or any other Visitor,
- Restricting or inhibiting any other Visitor from using and enjoying any public area within our Site,
- Collecting or storing personal information about other Visitors,
- Breaking any national or international law or regulation by transmitting or transferring, by any means, information, or software derived from the Site, particularly to any other countries or to any foreigners. 

Considering the nature of the Internet network, You also commit to respect all the rules and proceedings, whether local or international, relating to a proper online behavior, and notably to all the regulations concerning the transfer of data.

If You do not comply to the present Terms and Conditions and notably to the dispositions of the present article, oXya is authorized to use any technical mean, at any time and for any reason, to prevent You from continuing using the Site, without prejudice to any damages which may be claimed in accordance with the provisions of the Terms and Conditions.

 

6. Disclaimer of warranty

You use the Site at Your own risk. All materials, information, products, software, programs and services are provided “as is”, with no warranties whatsoever specifically including whether or not the materials above mentioned are appropriate for the way you intend to use them. In light of this disclaimer, You will be solely responsible for any damage that may result from Your utilization of any part of the Site, including loss of data or damage to Your computer system. 

OXYA EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND OTHER WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

Without limitation, oXya makes no warranty that the Site will be uninterrupted, timely, secure, or error-free.

7. Liability

7.1 Your liability

You hereby agree to indemnify, defend and hold us and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "OXya’s Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any OXya’s Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

- Your use of our Site,
- Any use or alleged use of Your accounts or your passwords by any person, if the case may be, whether or not authorized by You,
- Your Content on the Site, if the case may be,
- Your connection to our Site,
- Your violation of these Terms and Conditions,
- Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.

7.2 Our liability

In no event will oXya be liable to any party including You, for any direct, indirect damage of any type whatsoever, related to or arising from the Site or any use of the Site, or for any Site or resource linked to, referenced or accessed through the Site, or for the use or downloading of, or access to, any materials, information, products or services, including without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if oXya is expressly advised of the possibility of such damage.

In any case, Oxya’s liability is limited to the amount of 4.500 dollars

Any claim by a Visitor has to be introduced within six months following the occurrence of the event, which is the object of the claim.

8. Miscellaneous

8.1 Update

oXya may, without prior notice to You, at any time revise and update, in whole or in part, the present Terms and Conditions, and any other information contained in the Site by posting the revised Terms and Conditions on the Site. The same is true of any improvements or changes of any kind notably in the services described in the Site.
Considerating this, oXya recommend the Visitor to read the Terms and Conditions regularly. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the Visitor.

If one or more of the provisions of the present Terms and Conditions are held as invalid or declared as such in accordance with the law, regulations or further to a final decision made by a competent jurisdiction, the other provisions will remain in full force and retain the same effects.

8.2 Governing Law Jurisdiction

ANY LEGAL ACTION, DISPUTE, CLAIM, SUIT OR PROCEEDING BROUGHT BY A VISITOR OR BY OXYA IN ANY WAY ARISING OUT OF, OR RELATING TO THESE TERMS AND CONDITIONS AND/OR THE UTILIZATION OF THE SITE, SHALL BE GOVERNED BY NEW YORK STATE LAW AND CONTROLLING U.S. FEDERAL LAW, AND WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK LOCATED IN NEW YORK COUNTY AND YOU HEREBY SUBMIT TO THE JURISDICTION OF SAID COURTS.

9. Cookies policy

You are informed that, when you visit the website www.oxya.com (hereinafter the “Site”), several cookies can be placed on your computer in order to facilitate you the use of the Site. You can control the way the Site uses cookies by changing the confidentiality settings in your browser.

9.1) What is a cookie?

A cookie is a small text file that is stored on your device (desktop, pad, Smartphone) by oXya or third party when you visit the Site. It is used in order to send informations to your browser and allows your browser to provide informations to the owners of the original website (for example, data regarding the way you use the Site).
Only the server who placed the cookie file is able to retrieve or read the contents of that cookie, and this, in the limit of the lifespan of the concerned cookie.

9.2) Types and purposes of cookies

By continuing to visit the Site, you agree to receive the following cookies:

- Analytical cookies (performance cookies) : they are placed by Google at oXya request in order to allow us to know the use and performance of the Site, to make statistical research, to collect data on the traffic and the use of the various Sites’ elements (where visitors have come to the Site from and the pages they visited, etc.) for purpose to improve the interest of the Site and provide you with a better user experience for example. The collected data are sent in an anonymous form. To find out more, we invite you to read Google Analytics service:
http://www.google.com/analytics/learn/privacy.html.

9.3) How to control the cookies on your device?

By changing your browser settings

At any time, you can manage cookies on your terminal by changing your browser settings. Most Internet browsers allow the cookies by default. But you can delete that have already been set at any time. You can choose to accept all cookies, or only certain cookies, or refuse cookies altogether. You can also choose to modify your browser so that it notifies you when cookies are sent to it in order to agree or not. Please note that if you remove or refuse cookies, the Site might not function in optimal form.

To change cookies settings, we invite you to follow the procedure in the Help menu of your browser. The directions for the main browsers are detailed below:

Internet Explorer
Google Chrome
Firefox
Safari
Opera

To find out more about cookies, we invite you to visit: : http://www.cnil.fr/vos-libertes/vos-traces/les-cookies or http://www.aboutcookies.org.