- Ozzu, ozzu.com, website, the site — All of these refer to the actual Ozzu website located at www.ozzu.com which provides an interface to the developer community and market for members to interact with.
- Unmelted — When we refer to Unmelted, we are referring to the actually company or legal entity Unmelted, LLC which owns and operates Ozzu. Ozzu® is a registered trademark owned by Unmelted, LLC.
- Our, We, and/or Us — When any of these pronouns are used they are referring to Unmelted, the company that owns and operates Ozzu.
- You, Your, User, Member, Visitor, or Customer — These words refer to the individual or entity who has executed this agreement by visiting or creating an account at Ozzu which allows them to either access or participate in the Ozzu Developer Community and Market.
- Personal Data — Personal Data means data about a living individual who can be identified, directly or indirectly from that data. In particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that living individual. In other words, this is data that is unique to you, and can be used directly or indirectly to identify you.
Copyrights & Trademarks
All trademarks, service marks, and trade names are proprietary to Ozzu and/or third parties, unless otherwise specified. All content which includes but is not limited to logos, text, images, photographs, graphics, icons, illustrations, audio, sounds, music, video, animations, artwork, source code, user interfaces, visual interfaces, and products, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on Ozzu is owned, controlled, copyrighted and property of Ozzu, and is protected by United States and international copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Three exceptions exist:
- Licensed / Permitted Content — Some of the content that Ozzu utilizes is content that has been licensed and/or permitted for use. Some of the licenses require that credit for work is provided and is shown on our Attribution Page.
- Member Content — This is content that is contributed by members of the Ozzu Developer Community and is not property of Ozzu as described in the Member Content section below.
- Market Items — Products that appear in the Ozzu Market are owned by the Ozzu members who listed them. The products themselves, and the content that is shown for the products are not property of Ozzu as described in the Ozzu Market section below.
Minimum Age Requirement
No one under the age of sixteen (16) is permitted to create an account at Ozzu. If you are under sixteen years old, you may not, and under any circumstances or for any reason, access or use Ozzu in any manner, and may not provide Personal Data to any of the systems located at Ozzu. If someone under the age of sixteen does register, it is understood that they are doing so against Ozzu's policies and without Ozzu's knowledge.
Account Information Requirements
This is the area on Ozzu where developers, graphic artists, photographers, and other creative geniuses can offer their work in the form of market items, products or services that other members of the community can purchase licenses for and re-use or re-purpose for their own personal and business needs. The Ozzu Market is a platform or interface that allows members to buy and sell licenses to use digital items such as Themes / Templates, Stock Photos, Vector Graphics, 3D Models, Scripts & Plugins, and much more.
The Ozzu Market allows buyers and sellers (or authors) to directly transact with each other exchanging payment for the licenses of digital goods or services. These digital goods or services, otherwise known as market items, are owned by the authors, not by us. These items are uploaded at the direction of the author. We own the platform and interfaces for buyers and sellers to interact and transact with each other, but we do not take ownership of any of these items.
If you download or stream a preview file from the Ozzu Market, you agree that you will not remove any watermarking or other protective measures from that preview file. You also agree that you will use the preview file solely for the purposes of evaluating the item in determining whether you want to purchase a license from the Ozzu Market to be able to use that item.
Minimum Age Requirement for Purchasing Items
To be able to purchase items from the Ozzu Market, you must be at least eighteen (18) years of age. If you are at least sixteen (16) years of age which allows you to have an account at Ozzu, but are under the age of eighteen (18), you can only purchase items from the Ozzu Market with the involvement of a parent or guardian that is at least eighteen (18) years of age. This parent or guardian will be responsible for purchasing the items via your account and all related activities around that purchase.
How Buying Market Items Work
Market Item Updates
From time to time an author may release updates to their market items which will be available to existing buyers of that item. Sellers are required to release updates if their currently listed product is not working as expected or to address any major security concerns. Sellers may also, at their discretion, release discretionary updates that may add or improve functionality of their market item. If an author releases an update to an item you have purchased a license for, it will be available for you to download.
Item Removals / No Longer Available
The Ozzu Market is comprised of different types of authors who all have their own unique situations. Over time things change with an author's circumstances. Some authors may decide that they no longer want their products in the Ozzu Market because they are no longer interested in that sort of business, want to have their products on their own websites, no longer have the time to maintain their product or address security concerns, or for any unknown reason. When purchasing an item from the Ozzu Market we recommend that you download your item as soon as possible to avoid the situation where you may no longer be able to obtain it. If you have never downloaded your purchased item and in the unfortunate circumstance where it has since been removed, you may be eligible for a refund. Please see our refund policy.
Some items on the Ozzu Market offer item support for 3 months which may be included in the initial purchase of a market item for free or at an additional cost. That means, if available, the author of the market item will be available for a limited 3 month period to provide you item support. After the 3 month support period expires, and if the author is still offering support services, you may purchase an additional item support subscription or one time extension which will provide you longer term support from that author.
By purchasing item support it means that an author will be available to you to help resolve some potential issues you have using that market item such as ensuring the item works as you expect, technical questions about an item's features or functionality or how to use such features, or assistance with bugs or other issues.
Item support does not include any sort of customization for that item, installation of the item, addressing hosting / server environment issues, or help with third party assets. At the author's discretion, and if they offer such services, you can contact the author privately to see if they offer any sort of additional paid support services outside of the Ozzu Market.
Listing Prices & Pricing Components
When you see an item listed in the Ozzu Market, the price shown is actually comprised of the item price and the market fee. Items will always include those pricing components which is why prices are listed with those components added together. In certain circumstances, such as paying for author support or if you reside in a location requiring tax to be collected, you will see other fees added to the total price. Thus, the total price for any item in the Ozzu Market is made up of these different components:
- Item Price — This is the price to obtain the license to use the market item in your own project. It is already reflected in the listing price.
- Market Fee — This fee goes directly to Ozzu and helps pay for the services we provide including resolving conflicts, fraud protection, handling payment transactions, quality control, and improving the Ozzu. It is also already reflected in the listing price.
- Support Fee — This is the price you are paying for item support directly from the author which is sometimes included for free for the first 3 months, or available optionally at an additional charge.
- Taxes — Depending on your location, some transactions may be subject to tax that will be added to the price.
Making a Purchase
When you buy from the Ozzu Market you are agreeing to the following terms:
- You are responsible for all costs related to currency conversion when buying an item. Your financial institution handles the currency conversion and may charge you additional fees. Both the currency conversion rate and related financial institution fees are outside of our control.
- You have explored and selected the most suitable license that meets your needs for the market item. You understand that you cannot change at a later time which license you selected.
- You cannot cancel or undo the purchase of an item.
- You understand that there is no promise by Ozzu or any author that an item will continue to be available for download at a later time. You should download the item as quickly as possible after making a purchase.
- Once an item has been purchased and downloaded you will acquire a non-exclusive license to use the item under the terms of the license that you selected. You are fully aware that others may purchase this same license for the same item.
- Relevant personal information about you will be provided to the author of the item you purchased in order to facilitate the transaction. This may be used for numerous reasons including invoicing, verifying if you paid for item support, or checking if you have acquired a license.
- Ozzu has the right to enforce the terms of the license that you have acquired from the author and have agreed to.
Warranties Sellers of Market Items Make
Sellers of a market item you buy warrants to you that:
- The item matches the description and preview provided by the author as shown in the listing and is of acceptable quality and fit for the purpose for which it is sold.
- They have the rights necessary to license that item under the terms of the license you selected when purchasing; and your use of that item in accordance with those terms does not infringe on the intellectual property rights of someone else.
- The items abides by or is in compliance with our Acceptable Use Policy.
- Any personal information obtained about you will be processed in accordance with applicable privacy law and data protection regulations.
- As long as you use the item in accordance with the applicable license that was purchased then seller will provide indemnity to you (legal protection) and be held liable for any damages awarded by a court in relation to said item if another person or party makes a claim that you are infringing on their intellectual property rights or other rights of a third party as long as your promptly notify seller about the claim and provide them the option to control the defense at their own cost.
Unless otherwise stated, prices and fees for market items exclude taxes such as US Sales Tax, European VAT, and Australian GST. If one of these taxes are imposed on you in connection with the sale of any of our licenses for market items, any applicable fee that is charged will increase your total due by the amount. For any other applicable taxes (including all foreign, federal, state, local sales, use, value added, excise, duty), prices, fees, and charges are already inclusive of those taxes and you are responsible for paying all such taxes associated with your use of your Ozzu account. Your responsibility includes withholding tax if it applies, unless we already process that withholding of tax. We may request your geographic location in determining if we will collect any tax.
Since items in the Ozzu market are digital items, returning an item is not possible because you cannot undo a download that you have already made. However, if you have not yet downloaded the purchased item, or other specific circumstances are met, you may be eligible for a refund. Please see our Refund Policy for more information.
Ozzu Developer Community
Ozzu provides products and services for developers of all types, one of those services being to provide an avenue or a forum for developers and customers to communicate with each other, work together to solve problems, collaborate with or share ideas, or help others learn and grow. Otherwise known as the Ozzu Developer Community, this is the system in place that Ozzu has built to allow professional web developers, programmers, graphic artists, game developers, IT technicians, App developers, businesses, webmasters, computer users, technology enthusiasts, and other creative people to be able to engage with and have intellectual conversations with others, ask questions or provide answers, contribute by commenting on articles, market items, or other products or services offered.
Whether you participate in a one area, or numerous areas of the Ozzu Developer Community, we ask that you participate in a manner that respects other community members. You have legal obligations when you participate or engage with the Ozzu Developer Community. A quick summary:
- You own the content that you post — You also grant us and other users of Ozzu certain rights and license to use it.
- You are responsible for the content you post — This includes ensuring you have the right to post the content, it does not violate the legal rights of another party, and that it abides by our Acceptable Use Policy.
- We do not endorse or verify content posted by users — The content found on Ozzu is provided to you "as is", without any guarantees or warranties. You are solely responsible for your own use of content found on Ozzu.
- You can repost member content from Ozzu elsewhere — You'll just need to make sure you attribute the content back to Ozzu and to the authors on Ozzu who created the content.
You agree that any and all content including, but not limited to threads, posts, comments, resources, or other information that you post, upload, or provide to the Ozzu community (excluding content posted in the market in the form of items/products) is perpetually and irrevocably licensed to Ozzu on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA 4.0), and you grant Ozzu the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially use such member content, even if the member content has been contributed and then subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update the Ozzu Developer Community
- Prevent and address security related issues or new data security features
- Handle support inquiries, and to provide technical assistance as it may be required
- Aggregate data to provide optimization to the services Ozzu provides
- Process lawful requests from law enforcement agencies and government agencies
This means that you cannot revoke permission for Ozzu to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. You can view the full legal details of the CC-BY-CA Creative Commons License , but should be aware that all content you contribute is available for the public to copy and redistribute.
All Member Content used outside of Ozzu must have appropriate attribution. That is, if you choose to use or republish any member content found on Ozzu, in whole or in part, you are required to:
- Visually indicate that the content your are using or republishing was found on Ozzu
- Link directly the source page on Ozzu where you obtained the content
- Display the author's name or names of the member content for which you are utilizing
- Link directly to each author's profile page (you can link the names if you wish)
Members may edit their content which includes threads, posts, comments, or resources for a limited period immediately after for the purpose of correcting spelling and grammar mistakes, or accidental omissions. After this initial period expires, posts may only be edited or deleted by trusted members, moderators, administrators, or staff. Since Ozzu is a community of many members, posts and comments contribute to form coherent discussions. Altering or deleting individual posts may have consequences that unfairly extend to other members of the community. All members are held responsible for their actions. Always think before you permanently post something on the public Internet.
Trust, Reputation, & Privileges
Enforcement of Rules
As a registered member you are expected to uphold all rules regarding posting, commenting, or listing your market items, or other resources as described in our Acceptable Use Policy. Rules are enforced by trusted members, moderators, administrators, and staff who reserve the right to edit, amend, move, or perform other editorial actions upon any and all content when it violates a rule, in order to make said content comply with all rules. If it is not possible to alter content to be rule-compliant, content may be deleted with or without notification. Serious or repeated infractions may result in the removal of reputation, privileges, or a temporary or permanent ban from Ozzu.
If you have earned reputation and have been granted privileges to perform actions on Ozzu, you are expected to use these privileges in a way that helps to improve the Ozzu Developer Community and Market. It is your responsibility to ensure that you follow our Acceptable Use Policy and to not abuse such privileges.
Disclaimer of Warranties
We hold no responsibility for anything that is posted by other members of the community. Discussions, questions / answers, posts, comments, market items, products or services, and other resources do not necessarily represent our opinions. While we do our best to monitor the content that is shown here, always take precautions and use judgement when deciding whether to follow advice, suggestions, or purchasing products or services elsewhere. We holds no responsibility toward any action that you may take as a result of information you obtained anywhere from Ozzu.
Unmelted does not promise that Ozzu or any content, service, or feature of Ozzu will be error-free or uninterrupted, or that any defects will be corrected, or that your use of Ozzu will provide specific results. Ozzu and its content are delivered on an "as-is" and "as-available" basis. All information provided on Ozzu is subject to change without notice. Unmelted cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Unmelted disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Unmelted disclaims any and all liability for the acts, omissions and conduct of any third party in connection with or related to your use of Ozzu and/or any Unmelted's services. You assume total responsibility for your use of Ozzu and any linked sites. Your sole remedy against Unmelted for dissatisfaction with Ozzu or any content is to stop using Ozzu or any such content. This limitation of relief is part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Unmelted reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Ozzu, or any portion of Ozzu, for any reason; (2) to modify or change Ozzu, or any portion of Ozzu, and any applicable policies or terms; and (3) to interrupt the operation of Ozzu, or any portion of Ozzu, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree to indemnify and hold harmless Unmelted, Ozzu, Ozzu's affiliates, Ozzu's sellers, and its respective officers, directors, shareholders, predecessors, successors, attorneys, agents, employees, partners, vendors, and service providers from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to member's access to Ozzu, use of Ozzu's products or services, or content posted to the Ozzu community, illegal activity and/or actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation Of Liability
To the maximum extent permitted by law, Unmelted, Ozzu, Ozzu's affiliates, Ozzu's sellers, and its respective officers, directors, shareholders, predecessors, successors, attorneys, agents, employees, partners, vendors, and service providers shall not be liable to member for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Ozzu has been advised of the possibility of such damages, or for any harm caused by or related to member's services or inability to utilize the services unless caused by gross negligence or willful misconduct.
Unmelted may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of Ozzu, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Unmelted's rights or property, or the rights or property of visitors to or users of Ozzu, including Unmelted's members or customers. Unmelted reserves the right at all times to disclose any information that Unmelted deems necessary to comply with any applicable law, regulation, legal process or governmental request. Unmelted also may disclose your information when Unmelted determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void Where Prohibited
Unmelted administers and operates the ozzu.com website from its location in Bonney Lake, Washington, United States; other Unmelted websites may be administered and operated from various locations outside the United States. Although Ozzu is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Ozzu are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Unmelted reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Ozzu is void where prohibited. If you choose to access Ozzu from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Governing Law & Dispute Resolution
You agree that all matters related to your access to or use of Ozzu, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Pierce County, Washington, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Unmelted and you arising out of or in connection with your use of Ozzu, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.