The OHZONE Inc. (“OHZONE,” “we” or “us”) is pleased to provide you with access to the OHZONE platform, which allows a user (“User” or “you”) to upload, download, and/or publish 3D files on the OHZONE website, or embed on third-party websites by means of our proprietary viewer. All elements of the OHZONE platform, along with our proprietary 3D viewing technology and software, are referred to herein as the “Services,” and may be modified from time to time at our sole discretion.
1.1 Description of Services. OHZONE is pleased to offer initial free services (“Free Services”) that are included with 3DREAL digitization service with limited functionality, as well as various tiers of paid services (“Paid Services”) plans with enhanced functionality. Detailed descriptions of the Free Services and Paid Services plans, including pricing, duration, and features, are available at https://theOHZONEinc.com/plans.
1.2 Account. An OHZONE account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form, or via third-party website accounts such as Twitter, Google, or Facebook. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available usernames to link to your account. Please note that OHZONE retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation, or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
1.3 Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement and Section 8 hereof, terminate your right to use the Services or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
1.4 Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are 18 years of age or more, or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
2.1 Pricing. Please contact us for the pricing of our various Paid Service options. Payment is due at the beginning of each subscription period, payable securely via PayPal (www.paypal.com). OHZONE shall email payment invoices to Users upon request. In the event of a pricing change to your Paid Services plan, we will inform you within 2 (two) months before the new prices take effect. If you do not wish to continue your current Paid Services plan with the new prices, you may cancel your Paid Services plan.
2.2. Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYPAL ACCOUNT, AND ANY BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH THE PAYPAL ACCOUNT, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
3.1 Generally. By using the Services, you will encounter “OHZONE Content,” which includes all of the images, text, information, data, audio, video, graphics, and other material included on or otherwise made available through the Services, as well as, user manuals/instructions/other content provided by us excluding User Content. “User Content” includes all the 3D images, animation models and audio created by the User without incorporating any OHZONE content. The OHZONE commissioned 3DImages, animation models and audio created by OHZONE for the User (“CommissionedContent”), paid for by the User, and uploaded to the OHZONE Platform (Ohzone servers and cloud storage) will be licensed to the User pursuant to Section 4.2 , Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content but see the User Content License in Section 4.2 below.
3.2 Ownership. All OHZONE Content is owned by The OHZONE, Inc. or its licensors, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. As between, you and The OHZONE, Inc. and its licensors, The OHZONE, Inc. or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all OHZONE Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights, and other intellectual property and proprietary rights therein. The trademark OHZONE and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of The OHZONE, Inc. or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any OHZONE Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of The OHZONE Inc. or any third party. We reserve all rights not expressly granted to you in this Agreement.
3.3. Service and Content License. OhZone grants you a non-exclusive, non- transferable, non-sublicensable limited license to install and use “The Ohzone Software” (software provided by the Ohzone in machine-readable object code only solely for your use of 3D Images only on The Ohzone Platform (Ohzone servers and/or cloud storage) only and for your own internal use). The OhZone grants you a non-exclusive, non-transferable limited license to use The Ohzone provided documentation solely to support your use of The Ohzone Software. In no event will The OhZone be obligated to provide source code versions of the The Ohzone Software or any subsequent releases.
Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish, or otherwise use any portion of the Services or Ohzone Content or your own 3D Images (see Section 4.2 below) for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Ohzone Content or 3D Images without express prior written permission from us or the applicable rights holder is strictly prohibited.
3.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services (“Software”) is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
During the operation of the Services, Users may upload certain User Content including 3D models. You remain the owner of your User Content at all times subject to restrictions herein, and Ohzone does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement.
4.2 Commissioned Content License. For Commissioned Content (as defined in Section 3.1 above) created by Ohzone for the User pursuant to a fee paid by the User (see Ohzone Plans) is licensed to the User pursuant to the terms of this Section 4.3:
a). OhZone grants to the User as a licensee a non-exclusive, and non- transferable limited license to use the ommissioned Content on the Ohzone Platform only for the solely for User’s own use and to be made available to other users of the Ohzone Platform pursuant to a fee (see Ohzone Plans). The User is not to sell, license, transfer, allow access to, or distribute the Commissioned Content to any other party without The Ohzone’s express, written consent.
b). The license granted hereunder will expire when this Agreement is terminated.
c). Regarding the Commissioned Content, User’s use is restricted so that
User may not, or permit third parties to:
1). Sublicense, sell, lease, distribute, rent or use the Commissioned Content, or permit any third party to use the Commissioned Content, for consulting services, time sharing, service bureaus, outsourcing services, application service provider services, or application hosting provider services.
d). Licensee shall cooperate with Licensee by:
1. publish the 3D garment images as agreed to website and other social media channels for the period specified in Exhibit A;
2. provide agreed upon clothes to OhZone for creation of 3D garment images;
3. Not to use 3D garment images for any other purpose outside the scope of this agreement unless the specific use is with OhZone/s express, written permission; and
4. Allow OhZone to cite this use case and share results as an example of its Software.
4.2.1 Use by us. By using OHZONE Services, you grant OHZONE a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the publicly shared User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared User Content. You further grant OHZONE the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content. This license is transferable to any successor entity or person to The OHZONE, Inc.
4.2.2 Use by others of User Content. Users may make its User Contentavailable to other users of The Ohzone Services pursuant to this Agreement for a fee toThe Ohzone (see Ohzone Plans).
4.3 User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of OHZONE, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, You hereby agree not to assert them against OHZONE or other OHZONE users in any manner whatsoever.
4.4 User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
4.5 Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and OHZONE has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. OHZONE does not permit the infringement of intellectual property rights on the Services and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of OHZONE to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.
4.6 Copies. You may only copy The Ohzone’s Software for archival and back-up purposes. User must reproduce and incorporate OhZone’s copyright notice that appear on the original copy of the Software in any permitted copy or partial copy of the Software.
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
The User is not permitted to modify the design or alter the appearance of the OHZONE viewer (e.g., in embeds or screen captures) other than by using the available embed customization options and the “Viewer API” methods provided by OHZONE, and according to the User’s plan (Basic, Pro, Premium, Business, Enterprise). Removing, hiding, or altering the OHZONE logo watermark is prohibited to all users, under all plans except Enterprise.
Our Basic plan is for hobbyists, students, or non-commercial use; our Plus and Pro plans are for individuals seeking a broader feature set. Companies using our services are required to subscribe to our Premium plan or above. Commercial use is granted with a Premium plan or above. If your company is a nonprofit organization or your yearly revenue is below US $100,000, you may be eligible for a discount. contact us to learn more.
Use of OHZONE within advertisements or advertiser-supported content requires the license of an Enterprise account and express consent by OHZONE for which you may contact us here.
You agree to inform OHZONE promptly about any legal complaint, claim, or action related to the User Content you have uploaded using the Services.
DISCLAIMER OF WARRANTIES. OHZONE undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the OHZONE Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE OHZONE, INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:
(i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE;
(ii) THAT THE SERVICES, WEBSITE AND THE OHZONE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
(iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE OHZONE CONTENT; AND
(iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE OHZONE CONTENT.
No advice or information obtained by you from The OHZONE, Inc., or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. OHZONE’S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. OHZONE WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, OHZONE CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to indemnify and hold OHZONE and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by OHZONE directly or indirectly, with respect to or arising out of:
(i) your failure to comply with this Agreement;
(ii) your breach of your obligations under this Agreement;
(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties;
(iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or
(v) any claim that any of your User Content caused damage to a third party.
OHZONE respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.
In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement using this form:
Electronic notification is preferred. You can also file a notice with our designated agent, but processing may be slower than using the link above.
ATT: Oh Tepmongkol
1340 White Oak Rd, Suite C
Campbell, CA 95008
UNITED STATES OF AMERICA
To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), and must include substantially the following:
OHZONE will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.
If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if OHZONE in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
8.1 At any time. OHZONE reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month’s notice.
8.2 For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to OHZONE, to other service or information providers, or to any third parties.
8.3 Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) the following sections of this Agreement: 2(a), 2(b), and 2(d) (Ownership and Content); 3 (User Content); 4 (Other Websites and Services); 5 (Warranty Disclaimers, Limitations of Liability, Indemnity); 6 (Intellectual Property Claims); 7 (Applicable Law and Jurisdiction); 8 (Dispute Resolution); 9 (Termination of Service); and 10 (Miscellaneous).
You can exercise these rights, with a proof of your identity, by simple written request sent by email to email@example.com.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at firstname.lastname@example.org. We have further committed to cooperate with the panel established by the EU data protection authorities (DPAs) regarding unresolved Privacy Shield complaints concerning data transferred from the EU.
We will respond to any request received from you within one month from the date of the request. If your request is not sufficiently precise or does not include all elements enabling us to answer your request, OHZONE may ask you to provide additional elements.
10.2 Arbitration. All disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The OHZONE and you shall share equally the costs of AAA arbitration fees. The arbitration shall be conducted in Sunnyvale, California unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have the authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, a User may at his or her option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. OHZONE does not hereby waive any defense that such jurisdiction may be lacking in the User’s jurisdiction.
OHZONE reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.
The Services are operated by The OHZONE, Inc., a Delaware corporation. General inquiries may be directed to our support team.