Terms & Conditions
To access certain features of the Site, you must create a user account (“Account”). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false information as part of your Account information; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts. User Content
- By posting or submitting content on the Site (“User Content”), you hereby grant Ostra an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use your User Content in any manner and for any purpose. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content.
- User Guidelines. You represent, warrant, and agree that:
- you will comply with all applicable laws, including privacy laws and intellectual property laws;
- you will not post inappropriate, inaccurate, or objectionable content to the Site;
- you will not bully, harass or advocate harassment of another user or person;
- you will not solicit passwords or personally identifiable information of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- you will not post content that contains “junk mail” or “chain letters”;
- you will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Site;
- you will not use the Site to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and
- you will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
If you violate any guideline listed above, any other user guidelines posted on the Site, or any term of this Agreement, or Ostra believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for Ostra or third parties, Ostra reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing content from the Site, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Site, and terminating your Account.
- Use of the Service.Subject to the terms and conditions of this Agreement, Ostra grants you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the Site and download any content made available by Ostra for download through the Site, in each case solely for (i) your personal, non-commercial purposes, if you are an individual, or (ii) your internal business purposes, if you are a company or other legal entity. You will not: (a) rent, lease, loan, sell, license, or transfer any aspect of the Site or content contained therein (excluding your User Content) (“Site Content”) to any third party; (b) interfere with, disrupt, alter, translate, or modify the Site or any part thereof, or create an undue burden on the Site or the networks or services connected to the Site; (c) reverse engineer, decompile, disassemble, or reverse compile the Site; or (d) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Site.
- Ownership. Ostra and its suppliers own the Site, all Site Content, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Site or the Site Content is strictly prohibited. Ostra and its suppliers reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.
- Feedback. Ostra will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant Ostra the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.
Third Party Websites and Services
Availability and Modification of Service
Ostra reserves the right, from time to time, to suspend, modify, or discontinue the Site, in whole or in part, with or without notice. You agree that Ostra will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site, if available, or by sending an e-mail to firstname.lastname@example.org. Ostra has the right to terminate your Account, immediately effective upon sending notice to you at the email address you provide in your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your Account, your access to and use of the Site, or this Agreement. Even after this Agreement is terminated for any reason, the applicable provisions of this Agreement will remain in effect.
To the extent permitted under applicable law, Ostra provides the site and site content “AS-IS” and “AS AVAILABLE” and expressly disclaims all warranties, whether express, implied or statutory, including the warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement. Ostra makes no warranty that the site or site content will be uninterrupted, free of viruses or other harmful code, timely, secure or error-free. Ostra does not assume any obligation to monitor activities conducted on the site.
Limitation of Liability
To the extent permitted under applicable law, (a) Ostra will not be liable for an loss of use, lost profits, or indirect, consequential, exemplary, incidental, special or punitive damages in connection with the Site, site content, or this agreement, even if Ostra has been advised of the possibility of such damages, and (b) Ostra’s total cumulative liability in connection with the Site, site content, and this agreement will at all times be limited to seventy five U.S. dollars (U.S. $75). The existence of more than one claim will not enlarge this limit. In no event will Ostra’s suppliers have a liability under or resulting from this agreement.
You agree to indemnify and hold Ostra, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney’s fees, arising out of or relating to your: (a) User Content; (b) use of the Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.
User Disputes and Release
You are solely responsible for your interactions with other users. Ostra reserves the right, but has no obligation, to monitor, or take any action Ostra deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release Ostra from any and all claims or liability related to: (a) any content posted on the Site by you or other users; or (b) the conduct, whether online or offline, of any other user. You hereby waive Minnesota Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You may not post, distribute, or reproduce in any way any Ostra copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Ostra’s policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Ostra or third parties. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of 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; an identification of the location on the Site of the material that you claim is infringing; your address, telephone number, and email address; a written 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; and 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. Ostra’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: email@example.com or Ostra Wireless, Attention: Copyright Agent, 440 N. Wolfe Rd., Sunnyvale, CA 94085, USA.
Ostra is located at 6101 Baker Rd Suite 202 Minnetonka, MN 55345, USA. If you are a Minnesota resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Minnesota Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Ostra use electronic means, whether you use the Site or send us emails, or whether Ostra posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Ostra in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ostra provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in hardcopy writing. The foregoing does not affect your non-waivable rights.
Governing Law; Arbitration
This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of Minnesota, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Hennepin County, Minnesota and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Ostra may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.