Oxygen Forensics

Oxygen Forensics Terms of Service

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.

THIS TERMS OF SERVICE INCLUDES OXYGEN FORENSICS’ PRIVACY POLICY LOCATED AT http://www.oxygen-forensic.com/en/company/legal/privacy-policy WHICH IS INCORPORATED AND MADE A PART OF THIS TERMS OF SERVICE.

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”), andOxygen Forensics, Inc. and its affiliates (“Oxygen Forensics”) regarding use of http://www.oxygen-forensic.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. Army, U.S. Department of Defense (DOD), 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.

Users’ Obligations

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.

User Account

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.

To the extent that you provide any personally identifiable information, please read our Privacy Policy located at http://www.oxygen-forensic.com/en/ which describes how Oxygen Forensics collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information”). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with your User Account.  Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder.  Oxygen Forensics is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.  However, you could be held liable for losses incurred by Oxygen Forensics, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify Oxygen Forensics immediately at [email protected].

User Content

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 own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy (http://www.oxygen-forensic.com/en/company/legal/305-privacy-policy).  Oxygen Forensics also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website or Services.  However, Oxygen Forensics reserves the right, solely upon its own discretion, to refuse, remove, or disable access to any User Content that Oxygen Forensics learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so.  Oxygen Forensics’ action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive Oxygen Forensics’ right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.

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

The Website and Services may allow you to communicate with other users.  Discretion should be used when disclosing any information through these means, as it may be accessed by third parties. Use of any personally identifiable information, and your options regarding our use of this information, are subject to Oxygen Forensics’ Privacy Policy [email protected].

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.

Technical Support

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

All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by you will be subject to this Terms of Service and Privacy Policy [email protected].  The security of such information is very important to Oxygen Forensics.

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.

Intellectual Property

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.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO OXYGEN FORENSICS IN CONNECTION WITH THE WEBSITE AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OXYGEN FORENSICS; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT  THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY OXYGEN FORENSICS DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls.  Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Feedback

You may from time to time provide suggestions, comments or other feedback to Oxygen Forensics with respect to any product, material, software or information provided by Oxygen Forensics (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Oxygen Forensics.  Oxygen Forensics will not disclose the source of any feedback without notice to the providing party.  However, Oxygen Forensics shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to Oxygen Forensics’ Privacy Policy posted on this Website.  You may provide Feedback to Oxygen Forensics at [email protected].

Notice and Procedure for Making Claims of Copyright Infringement

It is Oxygen Forensics policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Oxygen Forensics Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Oxygen Forensics and its affiliates that your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on this Website;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Oxygen Forensics’ Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Name:              Dmitri I. Dubograev, Esq.                

Address:         901 N. Pitt St., Suite 325

                        Alexandria, VA 22314

E-mail:            [email protected]

Unlawful or Prohibited Use

You may not use the Website or Services for any purpose that is unlawful, prohibited by this Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party’s use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Oxygen Forensics to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any Oxygen Forensics server or otherwise attempt to disrupt the Oxygen Forensics servers. ANY ATTEMPT BY YOU TO DAMAGE OXYGEN FORENSICS’ SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF OXYGEN FORENSICS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, OXYGEN FORENSICS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Oxygen Forensics, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Terms of Service.

Privacy

Oxygen Forensics respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.

Linking to this Website

Linking to this Website is permitted provided that you comply with the following rules.  You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Oxygen Forensics endorses or sponsors the linker or its website, products or services.  You must not use Oxygen Forensics’ intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Oxygen Forensics.  Furthermore, you agree to remove the link at any time upon Oxygen Forensics’ request.

Ending Your Relationship with Oxygen Forensics

This Terms of Service will continue to apply until terminated by either you or Oxygen Forensics as set out above.  If you want to terminate this legal agreement with Oxygen Forensics (i.e. this Terms of Service), you may do so by notifying Oxygen Forensics at any time in writing at [email protected].  Oxygen Forensics reserves the right to terminate this Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Oxygen Forensics whatsoever.

You are solely responsible for cancelling your User Account, which you may do by contacting Oxygen Forensics at [email protected].

Assignment

Oxygen Forensics may assign or delegate this Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under this Terms of Service without Oxygen Forensics’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website and Services are not available for any period or any time, Oxygen Forensics shall not be liable. Oxygen Forensics gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Oxygen Forensics reserves the right to suspend the operation of the Website or Services.  You agree that neither Oxygen Forensics nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.

Force Majeure

Oxygen Forensics will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Oxygen Forensics.

Agreement to Deal Electronically

All transactions with or through the Website or Services may, at Oxygen Forensics’ option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of this Terms of Service may cause Oxygen Forensics immediate and irreparable harm and damages.  As a result, Oxygen Forensics has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of this Terms of Service. In addition to any and all other remedies available to Oxygen Forensics in law or in equity, Oxygen Forensics may seek specific performance of any term in this Terms of Service.

Severability

This Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

This Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 

Oxygen Forensics does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country.  Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws. 

Questions may be submitted at [email protected]  Please also read our Privacy Policy at http://www.oxygen-forensic.com/en/.

Copyright © 2014 Oxygen Forensics Inc.  All rights reserved.  The Website and Services and accompanying products and documentation are the copyrighted property of Oxygen Forensics Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties.  Oxygen Forensics™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Oxygen Forensics Inc.  All other product and service marks contained herein are the trademarks of their respective owners.  Any use of the Oxygen Forensics or third party trademarks or logos without the prior written consent of Oxygen Forensics Inc. or the applicable trademark owner is strictly prohibited.