Terms of use

1. Overview

1.1 Your use of Oxygen Cloud’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Oxygen Cloud under a separate written agreement) is subject to the terms of a legal agreement between you and Oxygen Cloud. “Oxygen” means Oxygen Cloud Inc., a Delaware corporation, whose principal place of business is at 1600 Seaport Blvd Suite 310, Redwood City, California 94063, United States.

1.2 Unless otherwise agreed in writing with Oxygen, your agreement with Oxygen will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Oxygen may from time to time include additional terms applicable to the Services. Where additional terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with any additional terms, form a legally binding agreement between you and Oxygen in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Universal Terms say and any separate written agreement between you and Oxygen, then the separate written agreement shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Oxygen in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Oxygen will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Oxygen, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Provision of the Services by Oxygen

3.1 Oxygen has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Oxygen itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

3.2 Oxygen is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Oxygen provides may change from time to time without prior notice to you.

3.3 As part of this continuing innovation, you acknowledge and agree that Oxygen may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Oxygen’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Oxygen when you stop using the Services, except as provided under separate written agreement.

3.4 You acknowledge and agree that if Oxygen disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.5 You acknowledge and agree that Oxygen may set fixed limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.

3.6 You acknowledge and agree that any information, content, and other communication data maintained or transmitted by or through your use of the Services may ultimately become corrupt, deleted or not properly stored by Oxygen.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) and your business as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Oxygen will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the software interface that is provided by Oxygen, unless you have been specifically allowed to do so in a separate agreement with Oxygen. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with Oxygen, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that Oxygen has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Oxygen may suffer) of any such breach.

4.7 You agree that you have the requisite authority within your business, company or organization to accept these Terms of Service on behalf of such business, company or organization. By accepting these Terms of Service you are effectively binding you and your company, business and/or organization.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to Oxygen for all activities that occur under your account.

6. Privacy and your personal information

6.1 For information about Oxygen’s data protection practices, please read Oxygen’s privacy policy in Article III below. This policy explains how Oxygen treats your personal information, and protects your privacy, when you use the Services.

6.2 You agree to the use of your data in accordance with Oxygen’s privacy policies.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by Oxygen (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Oxygen.

7.3 Oxygen reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.5 You agree that you are solely responsible for (and that Oxygen has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Oxygen may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Oxygen (or Oxygen’s licensors) owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Oxygen and that you shall not disclose such information without Oxygen’s prior written consent.

8.2 Unless you have agreed otherwise in writing with Oxygen, nothing in the Terms gives you a right to use any of Oxygen’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Oxygen, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.

8.4 Other than the limited license set forth in Section 10, Oxygen acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Oxygen, you agree that you are responsible for protecting and enforcing those rights and that Oxygen has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Oxygen, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. License from Oxygen

9.1 Oxygen gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Oxygen as part of the Services as provided to you by Oxygen (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Oxygen, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Oxygen, in writing.

9.3 Unless Oxygen has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content license from you

10.1 By submitting, posting or displaying the Content you give Oxygen a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Service for the sole purpose of enabling Oxygen to provide you with the Service in accordance with its Privacy Policy. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. Oxygen does not claim any ownership rights in your Content.

10.2 You agree that this license includes a right for Oxygen to make such Content available to other companies, organizations or individuals with whom Oxygen has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

10.3 You understand that Oxygen, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Oxygen to take these actions.

10.4 You confirm and warrant to Oxygen that you have all the rights, power and authority necessary to grant the above license.

11. Software updates

11.1 The Software which you use may automatically download and install updates from time to time from Oxygen. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Oxygen to deliver these to you) as part of your use of the Services.

12. Ending your relationship with Oxygen

12.1 The Terms will continue to apply until terminated by either you or Oxygen as set out below.

12.2 If you want to terminate your legal agreement with Oxygen, you may do so by (a) notifying Oxygen at any time and (b) closing your accounts for all of the Services which you use, where Oxygen has made this option available to you. Your notice should be sent, in writing, to Oxygen’s address which is set out at the beginning of these Terms or by any other means as determined by Oxygen in its sole and absolute discretion.

12.3 Oxygen may at any time, terminate its legal agreement with you in its sole and absolute discretion. The reasons why Oxygen may terminate its legal agreement with you include, but are not limited to, the following: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Oxygen is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Oxygen offered the Services to you has terminated its relationship with Oxygen or ceased to offer the Services to you; or (D) Oxygen is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Oxygen is no longer commercially viable as determined by Oxygen in its sole and absolute discretion; or (F) your use of the Services fail to meet certain thresholds of activity as determined by Oxygen in its sole and absolute discretion (e.g., you do not access or actively use all or part of the Services for a period of 90 days or more); or (G) you fail to pay when due any sum owed to Oxygen.

12.4 Upon termination of the legal agreement, Oxygen shall have the right to immediately delete and remove all or part of your Content at its sole and absolute discretion.

12.5 Nothing in this Section shall affect Oxygen’s rights regarding provision of Services under Section 4 of the Terms.

12.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Oxygen have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. EXCLUSION OF WARRANTIES

13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT OXYGEN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

13.3 IN PARTICULAR, OXYGEN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OXYGEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.6 OXYGEN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OXYGEN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH OXYGEN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE OXYGEN WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

14.2 THE LIMITATIONS ON OXYGEN’S LIABILITY TO YOU IN PARAGRAPH14.1 ABOVE SHALL APPLY WHETHER OR NOT OXYGEN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15. Copyright and trade mark policies

15.1 It is Oxygen’s 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) and to terminating the accounts of repeat infringers.

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Oxygen may have no control over any web sites or resources which are provided by companies or persons other than Oxygen.

16.2 You acknowledge and agree that Oxygen is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Oxygen is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Oxygen may make changes to the Universal Terms from time to time. When these changes are made, any new terms will be made available to you from within, or through, the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, Oxygen will treat your use as acceptance of the updated Universal Terms.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Oxygen and govern your use of the Services (but excluding any services which Oxygen may provide to you under a separate written agreement), and completely replace any prior agreements between you and Oxygen in relation to the Services.

18.3 You agree that Oxygen may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Oxygen does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Oxygen has the benefit of under any applicable law), this will not be taken to be a waiver of Oxygen’s rights and that those rights or remedies will still be available to Oxygen.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that each member of the group of companies of which Oxygen is affiliated, a subsidiary or parent, if any, shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Oxygen under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Oxygen agree to submit to the exclusive jurisdiction of the courts located within the county of San Mateo, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Oxygen shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

II. Program Policies

Program policies for the Services To maintain a positive user experience, the policies below outline the types of content that can be hosted with these products. Please respect these guidelines. Violation of these policies could result in the removal of your content or deletion of your Oxygen Account. From time to time, we may change our content policies, so please check back here periodically.

Adult content

If we learn of shared or published content depicting nudity, graphic sex acts, or other sexually explicit material, we may remove the reported content. This also applies to content that drives traffic to commercial pornography sites or that promotes pedophilia, incest, or bestiality.

Child safety

We have a zero tolerance policy towards content that exploits children. Some examples of this include: Child pornography: We will terminate the accounts of any user we find hosting, publishing or sharing child pornography. We will also report the content and its owner to law enforcement.

Pedophilia: We do not allow content that encourages or promotes sexual attraction towards children. For example, we do not allow content consisting of collections of images of children in their underwear.

Hate speech

If we learn of shared or published hate speech content, we may remove the reported content. By hate speech we mean content that promotes hate or violence towards other groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, this would include content saying that members of a particular race are criminals or advocating violence against followers of a particular religion.

Crude content

If we learn of shared or published content that is crude or shockingly graphic, we may remove the reported content. For example, close-up images of gunshot wounds or bodily functions would both violate this policy.

Violence

If we learn of shared or published content that threatens, harasses or bullies other people, we may remove the reported content. For example, detailed death threats against another person (or a group of people) or content encouraging people to take violent action against another person would violate this policy.

Copyright

Don’t violate copyright laws. For example, don’t share or publish someone else’s copyrighted pictures. We will respond to clear notices of alleged copyright infringement.

Private and confidential information

If we learn of shared or published content containing another person’s private or confidential information, we may remove the reported content. For example, someone else’s credit card numbers, Social Security number, unlisted phone numbers, or driver’s license number would all be considered private or confidential information under this policy. Also, please keep in mind that in most cases, information that is already available elsewhere on the internet or in public records is not considered private or confidential under our policies.

Impersonating others

We do not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others.

Illegal activities

If we learn of users using this product to engage in illegal activities or to share or publish content promoting dangerous and illegal activities, we may remove the content and report the users to the appropriate authorities. For example, content encouraging people to commit date rape would violate this policy.

Spam
Spam is not allowed and can lead to disabling of your account. For example, spam include content that is mostly advertisements or links to third party sites.

Malware, viruses, and phishing
Do not publish or share content that transmits viruses, causes pop-ups, attempts to install software without the user’s consent, or otherwise impacts users with malicious code or scripts. Do not engage in phishing activity. All of these are strictly forbidden and can result in removal of your accounts with Oxygen.

Enforcement of our content policies
If you encounter content that you believe violates our policies, please report it to us at support@OxygenCloud.com. Our team reviews these notices for policy violations. If the content does not violate our policies, we will not take any action against the content or author. If we find the content does violate our content policies, we may take one or more of the following actions, depending on the severity of the violation:

Remove or unpublish the content
Disable the user's access to his/her Oxygen Account Report the user to law enforcement

III. Privacy Policy

At Oxygen we recognize that privacy is important. This Privacy Policy applies to all of the Services offered by Oxygen. or its subsidiaries or affiliated companies. Information we collect and how we use it In order to provide our full range of services, we may collect the following types of information:

Information you provide – When you sign up for an Oxygen Account or use the Services or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from third parties in order to provide you with a better experience and to improve the quality of our services.

Cookies – When you visit Oxygen, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences. We may set one or more cookies in your browser when you visit a website, including Oxygen.com.

Log information – When you access the Services, our servers automatically record information that your and/or your browser sends. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications – When you send email or other communications to Oxygen, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated Oxygen Services on other sites – We may offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to Oxygen in order to deliver the service. We process such information under this Privacy Policy. The affiliated sites through which our services may be offered may have different privacy practices and we encourage you to read their privacy policies.

Gadgets – Oxygen may make available third party applications through the Services. The information collected by Oxygen when you enable a gadget or other application is processed under this Privacy Policy. Information collected by the application or gadget provider is governed by their privacy policies.

Other sites – This Privacy Policy applies to the Services only.

Oxygen only processes personal information for the purposes described in this Privacy Policy. Such purposes include:

Auditing, research and analysis in order to maintain, protect and improve the Services; Ensuring the technical functioning of our network; Protecting the rights or property of Oxygen or our users; and Developing new services.

Oxygen processes personal information on our servers in the United States of America. In some cases, we may process personal information on a server outside your own country. We may process personal information to provide the Services. In some cases, we may process personal information on behalf of and according to the instructions of a third party.

Choices for personal information When you sign up for the Services, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy, unless we have obtained your prior consent. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, the Services may not function properly if your cookies are disabled. You can decline to submit personal information, in which case Oxygen may not be able to provide the Services to you.

Information sharing
Oxygen only shares personal information with other companies or individuals outside of Oxygen in one or more of the following limited circumstances: We have your consent. We require opt-in consent for the sharing of any sensitive personal information. We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Oxygen, its users or the public as required or permitted by law. If Oxygen becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy. We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who utilize the Service and how often. Such information does not identify you individually. Content you create or supply in connection with the Services may, if you choose, be read, copied, used and redistributed by people you know or may be affiliated with. Use care when including sensitive personal information in documents you share, such as social security numbers, financial account information, home addresses or phone numbers. Please contact us at the address below for any additional questions about the management or use of personal data.

Information security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Oxygen employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity
Oxygen processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Privacy Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information
When you use the Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Enforcement
Oxygen regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Oxygen’s treatment of personal information by contacting us through this web site or by writing to us at support@OxygenCloud.com When we receive formal written complaints at this address, it is Oxygen’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Oxygen and an individual.