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TERMS OF SERVICE

Beta Bazaar Agreement

This Beta Bazaar Agreement (this “Agreement”) contains the exclusive terms and conditions between Ohava, Inc., a Delaware corporation (“Ohava”) governing testing, evaluation and use of the beta version of the Ohava bazaar for connecting developers (“Contributors”) and those who wish to sponsor certain development projects (“Users”) and any related software, applications or services to which Ohava gives access (collectively, “Services”). By accessing the Services, you are consenting to be bound by and are becoming a party to the terms and conditions of this Agreement. If you do not agree to all of the terms of this Agreement, you must not access the Services.

1. Overview. www.ohava.com (the “Site”) is a platform where Users can connect with Contributors for project-specific work. Projects can be sponsored by individual Users or, collectively, by multiple Users, depending on the nature of the project. If one or more User(s) engages a Contributor, a Service Contract is formed directly between such User(s) and Contributor, subject to the provisions set forth in Sections 6-8.

2. Evaluation. During the time period permitted by Ohava (the “Term”) you may access the Site and Services and test the functionality and other features of the Services, but only to evaluate the Services for their intended purpose.

3. Project Restrictions. By accessing the Services as either a User or Contributor, you hereby acknowledge and agree not to upload any Submission or otherwise use the Service in any way that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (v) facilitates unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Ohava, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ohava or its users to any harm or liability of any type.

4. User-Specific Terms. If you access the Site and Services as a User, the following terms and conditions apply to you:

a) Creating and Sponsoring a Project – In order to create a coding project (“Project”) for a Contributor to complete, you are required to create and upload a clear summary of the requirements (the “Brief”) for the Project, in accordance with the instructions laid out in the Services. By sponsoring a Project, you agree to pay the specified sum (“Pledge”) towards the Project, subject to the requirements outlined in the Service.

b) Pledge Payment – If you make a Pledge, you will be required to provide Ohava with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You agree to pay the specified amount of the Pledge, in accordance with the terms of this Agreement. You hereby authorize Ohava to bill your payment instrument at the time you makes the Pledge. If you dispute any charge you must let Ohava know within sixty (60) days after the date that Ohava charges you. You are responsible for paying all fees and taxes associated with use of the Services. User shall make all payments relating to, or in any way connected with, a Service Contract through the Service. By making use of some or all of these payment services on Ohava, you agree to be bound by Balanced’s terms and conditions (available at https://www.balancedpayments.com/terms along with its privacy policy: https://www.balancedpayments.com/privacy) and hereby consent and authorize Balanced Payments to delegate the authorizations and share the information you provide, to the extent required to provide the Balanced Payments Payment Services to you. Balanced may also be contacted directly for payments support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622.

5. Contributor-Specific Terms. If you access the Site and Services as a Contributor, the following terms and conditions apply to you:

a) Submissions – By uploading a submission (including any software and any other related information or materials) (a “Submission”) to a Project, you represent and warrant that the Submission meets all the requirements of this Agreement, including without limitation, the terms of Section 3. The winning Submission (the “Winning Submission”), if any, would be chosen in accordance with any policies and procedures laid out in the Service, and must meet all the requirements of the Brief.

b) Pledge Disbursement – Ohava will disburse the applicable Pledge(s) to the Contributor who submits the Winning Submission, less any fees retained by Ohava (as described in the Service) and any refunds of Pledge(s) (as Ohava may grant in its sole discretion), in accordance with the terms laid out in the Service, upon completion of all work related to the Project. All such payments will be made in accordance with the payment instructions on file with Ohava. You are responsible for paying all taxes associated with your use of the Service. Should you violate any of the terms or obligations under this Agreement with regard to a certain Project, all monies due to you may be held and/or reclaimed, and you agree to return all Pledges previously paid to you by Ohava in connection with that Project. By making use of some or all of these payment services on Ohava, you agree to be bound by Balanced’s terms and conditions (available at https://www.balancedpayments.com/terms along with its privacy policy: https://www.balancedpayments.com/privacy) and hereby consent and authorize Balanced Payments to delegate the authorizations and share the information you provide, to the extent required to provide the Balanced Payments Payment Services to you. Balanced may also be contacted directly for payments support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622.

SERVICE CONTRACT TERMS BETWEEN CONTRIBUTOR AND USER(S)

The terms and conditions of the Service Contract are as set forth in Sections 6-8 below. Client and Freelancer may not agree to any other terms and conditions that affect the rights or responsibilities of oDesk

6. Intellectual Property; Private and Public Projects.

a) Private Projects – Where an individual User engages a Contributor for the completion of a project (“Private Project”), the following exchanges of intellectual property rights apply:

i. Subject to User’s payment obligations hereunder, User shall own all right, title and interest (including all intellectual property rights of any sort throughout the world) relating to any and all inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by or for or on behalf of Contributor during the term of this Agreement that relate to the subject matter of or arise out of or in connection with the Submissions or any Proprietary Information (as defined below) (collectively, “Inventions”) and Contributor will promptly disclose and provide all Inventions to User. All Inventions are work made for hire to the extent allowed by law and, in addition, subject to User’s payment obligations hereunder, Contributor hereby makes all assignments necessary to accomplish the foregoing ownership. Contributor shall assist User, at User’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any rights assigned. Contributor hereby irrevocably designates and appoints User as its agents and attorneys-in-fact, coupled with an interest, to act for and on Contributor’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Contributor and all other creators or owners of the applicable Invention. Notwithstanding the foregoing, no assignment under this Agreement shall include any “Underlying Contributor Technology”, which shall mean (a) Contributor technology, methodologies and intellectual property (including, without limitation, product(s), software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation) existing as of the date of this Agreement or otherwise arising outside of work under this Agreement, (b) any derivatives, improvements, enhancements or extensions of the foregoing that are conceived, reduced to practice, or developed in performance of this Agreement that are not specific to the User technology or that have general applicability in the Contributor’s business, and (c) any intellectual property relating to any of the foregoing.

ii. If any part of the Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed and otherwise exploited without using or violating technology or intellectual property rights owned by or licensed to Contributor and not assigned hereunder (including any Underlying Contributor Technology), Contributor hereby grants User and its successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of User’s exercise or exploitation of the Inventions or any assigned rights (including any modifications, improvements and derivatives of any of them).

b) Public Projects – Where multiple Users engage a Contributor for the completion of a project (“Public Project”), the following exchange of intellectual property rights applies:

i. Contributor hereby grants all Users that have sponsored the applicable Public Project and successors thereof a fully paid-up, perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of User’s exercise or exploitation of the Submissions, Inventionsor any assigned rights (including and modifications, improvements and derivatives of any of them).

c) Both Public and Private Projects – In either a Public or Private Project, the following terms apply:

i. Each of Contributor and User (each, a “Party”) shall keep confidential and not disclose to any third party or use (except as contemplated by this agreement), any non-public information obtained from the other Party that is marked or otherwise designated confidential (“Proprietary Information”); provided, however, that neither Party shall be prohibited from disclosing or using Proprietary Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving Party, (ii) is or has been disclosed to such Party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other Party’s Proprietary Information, by persons without access to the same, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. Notwithstanding anything to the contrary in this Agreement, Contributor shall not be prohibited or enjoined at any time by User from utilizing any “skills or knowledge of a general nature” acquired during the course of developing the Submissions. For purposes of this Agreement, “skills or knowledge of a general nature” shall include, without limitation, information publicly known or that could reasonably have been acquired in similar work performed for another User. Upon termination of this agreement for any reason, each Party shall return to the other Party or destroy any Proprietary Information obtained from the other Party.

ii. To the extent allowed by law, and any license granted to User hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively “Moral Rights”). To the extent any of the foregoing is ineffective under applicable law, Contributor hereby provides any and all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible and agrees not to assert any Moral Rights with respect thereto. Contributor will confirm any such ratifications and consents from time to time as requested by User. If any other person is in any way involved in developing any Submissions, Contributor will obtain the foregoing ratifications, consents and authorizations from such person for User’s exclusive benefit.

iii. Notice. Unless otherwise specifically agreed upon by User in writing (and notwithstanding any other provision of this Agreement), all activity relating to Submissions will be performed by Contributor or by employees or contractors of Contributor having a level of skill commensurate with the requirements of this Agreement. Contributor agrees that it will not (and will not knowingly permit others to) violate any agreement with or rights of any third party or, except with prior notice to User in writing hereafter, use or disclose at any time Contributor’s own or any third party’s Proprietary Information or intellectual property in connection with the Submissions or otherwise for or on behalf of User.

7. Warranties; Disclaimer.

a) Contributor represents, warrants and covenants that: (i) the Submissions will be developed and provided in a professional and workmanlike manner and that none of such Submissions nor any part of this Agreement is or will be inconsistent with any obligation Contributor may have to others and (ii) Contributor has the full right to allow it to provide User with the assignments and/or other rights provided for herein (and has written enforceable agreements with all persons necessary to give it the rights to do the foregoing and otherwise fully perform this Agreement).

b) EXCEPT AS SET FORTH IN THIS SECTION, CONTRIBUTOR DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CONTRIBUTOR DOES NOT WARRANT THAT THE SUBMISSIONS ARE ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED.

8. Third-Party Beneficiary. Ohava is hereby named as a third party beneficiary of each Service Contract.

9. Service Intellectual Property Rights; Confidentiality; Feedback. You may not sell, reproduce, distribute, modify display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Service in any way for any public or commercial purpose without the prior written consent of Ohava or the applicable rights holder. As between the Parties, title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof, shall remain in Ohava and its suppliers or licensors. By uploading any information or content to the Service, User and Contributor hereby grant Ohava a nonexclusive, worldwide, transferable, sublicensable license to copy, display, upload, perform, distribute, store, modify and otherwise use such content in connection with the operation of the Service. You acknowledge that, in the course of evaluating the Services, you may obtain information relating to Ohava and the Services which is confidential in nature (“Confidential Information”). Such Confidential Information shall belong solely to Ohava and includes, but is not limited to, the existence of the Services, their content, features and modes of operation, this Agreement, documentation, problem reports, analysis and performance information, and other technical, business, product, marketing and financial information, plans and data. You agree not to use or disclose Confidential Information without the prior written consent of Ohava unless such Confidential Information becomes part of the public domain. Further, if you provide Ohava any feedback, ideas, concepts or suggestions about Ohava’s Services, business, technology or Confidential Information (“Feedback”), you grant Ohava, without charge, the fully paid-up, irrevocable right and license to use, share, commercialize and otherwise fully exercise and exploit either your Feedback and all related rights (and to allow others to do so) in any way and for any purpose.

10. Disclaimer. You acknowledge that the Services are experimental in nature and that the Services are provided “AS IS.” OHAVA DISCLAIMS ALL WARRANTIES RELATING TO THE SUBJECT MATTER HEREOF, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OHAVA MAKES NO WARRANTIES REGARDING ANY PROJECTS, SUBMISSIONS OR THE PAYMENT OF ANY PLEDGES. YOUR INTERACTIONS WITH OTHERS VIA THE SERVICE ARE SOLELY BETWEEN YOU AND SUCH PARTIES AND OHAVA WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY SUCH INTEREACTIONS.

11. Term/Termination. This Agreement will commence on the date that upon which User and Contributor have both accepted the terms of this Agreement by electronically signing or otherwise accepting this Agreement and shall continue for the Term. Sections 3-13 of this Agreement will survive any expiration or termination of this Agreement. Ohava may terminate this Agreement at any time with or without notice. All rights granted to you by Ohava herein shall immediately terminate upon expiration or termination of this Agreement and you shall immediately return to Ohava or destroy all Confidential Information (including any software). In addition to any other rights set forth herein, Ohava may in its sole discretion restrict or suspend your access to the Services, in whole or in part and without notice.

12. Limitation of Remedies and Damages. OHAVA SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ANY ERROR OR INTERRPUTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF FIFTY DOLLARS ($50). OHAVA SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

13. Miscellaneous. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and Ohava pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the you and Ohava are expressly cancelled. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions therein.



Beta Hosting Agreement

This Beta Hosting Agreement (this “Agreement”) contains the exclusive terms and conditions between Ohava, Inc., a Delaware corporation (“Ohava”) and you, governing your testing, evaluation and use of the beta version of the Ohava open hosting services and any related software, applications or services to which Ohava gives you access (collectively, “Services”). By accessing the Services, you are consenting to be bound by and are becoming a party to the terms and conditions of this Agreement. If you do not agree to all of the terms of this Agreement, you must not access the Services. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates.

1. Evaluation. During the time period permitted by Ohava (the “Term”) you may access the Services and test the functionality and other features of the Services, but only to evaluate the Services for their intended purpose.

2. Acceptable Use. You are solely responsible for all content within your account. You agree to immediately notify Ohava of any unauthorized use of your account or any other breach of security. The following are examples of the kinds of content and/or use that are illegal or prohibited by Ohava. Ohava reserves the right to investigate and take appropriate legal action against anyone who, in Ohava’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting the violators to the law enforcement authorities.

You agree to not use the Service to:

• upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vii) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Ohava, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ohava or its users to any harm or liability of any type;

• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

• violate any applicable local, state, national or international law, or any regulations having the force of law;

• misuse system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

3. Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Ohava information regarding your credit card or other payment instrument. You represent and warrant to Ohava that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Ohava the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. Ohava reserves the right to change its prices. If Ohava does change prices, Ohava will provide notice of the change in the Service or in email to you, at Ohava’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Ohava uses Balanced as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on Ohava, you agree to be bound by Balanced’s terms and conditions (available at https://www.balancedpayments.com/terms along with its privacy policy: https://www.balancedpayments.com/privacy) and hereby consent and authorize Balanced Payments to delegate the authorizations and share the information you provide, to the extent required to provide the Balanced Payments Payment Services to you. Balanced may also be contacted directly for payments support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622.

4. Intellectual Property Rights; Confidentiality; Feedback. As between the parties, title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof, shall remain in Ohava and its suppliers or licensors. You retain all title, ownership rights and intellectual property rights in to any content you upload to the Service. By uploading any such content, you hereby grant Ohava a nonexclusive, worldwide, transferable, sublicensable license to copy, display, upload, perform, distribute, store, modify and otherwise use such content in connection with the operation of the Service. You acknowledge that, in the course of evaluating the Services, you will obtain information relating to Ohava and the Services which is confidential in nature (“Confidential Information”). Such Confidential Information shall belong solely to Ohava and includes, but is not limited to, the existence of the Services, their content, features and modes of operation, this Agreement, documentation, problem reports, analysis and performance information, and other technical, business, product, marketing and financial information, plans and data. You agree that you will not use or disclose Confidential Information without the prior written consent of Ohava unless such Confidential Information becomes part of the public domain. Further, if you provide Ohava any feedback, ideas, concepts or suggestions about Ohava’s Services, business, technology or Confidential Information (“Feedback”), you grant Ohava, without charge, the fully paid-up, irrevocable right and license to use, share, commercialize and otherwise fully exercise and exploit your Feedback and all related rights (and to allow others to do so) in any way and for any purpose.

5. Term/Termination. This Agreement will commence on the date that you first accept the terms of this Agreement by electronically signing or otherwise accepting this Agreement and shall continue for the Term. Sections 2-8 of this Agreement will survive any expiration or termination of this Agreement. Either party may terminate this Agreement at any time with or without notice. If this Agreement is terminated by either party within the first 30 days, you will be entitled to a full refund, less the cost of any merchang and/or Ohava processing fees. After the first 30 days of this Agreement, you will be responsible for payment of amounts outstanding owed to Ohava upon termination by either party. All rights you are granted herein shall immediately terminate upon expiration or termination of this Agreement and you shall immediately return to Ohava or destroy all Confidential Information (including any software). In addition to any other rights set forth herein, Ohava may in its sole discretion restrict or suspend your access to the Services, in whole or in part and without notice.

6. Disclaimer. The parties acknowledge that the Services are experimental in nature and that the Services are provided “AS IS.” OHAVA DISCLAIMS ALL WARRANTIES RELATING TO THE SUBJECT MATTER HEREOF, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Remedies and Damages. OHAVA SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ANY ERROR OR INTERRPUTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF FIFTY DOLLARS ($50). OHAVA SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

8. Miscellaneous. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly cancelled. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions therein.

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PRIVACY POLICY

This Privacy Policy was last updated on June 1, 2014

Our Policy:

Welcome to the web site (the “Site”) of Ohava Computers, Inc.,(“Ohava”, “we”, “us” and/or “our”). This Site is operated by Ohava and has been created to provide information about Ohava and our hosting services and bazaar for connecting developers, and related services (together with the Site, the “Services”) to our Service visitors (“you”, “your”). This Privacy Policy sets forth Ohava’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Site and Services.


Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Ohava collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Ohava and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data: When you interact with Ohava through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Ohava may store such information itself or such information may be included in databases owned and maintained by Ohava affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, Ohava often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Ohava may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Ohava may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. We may allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services.


Our Use of Your Personal Data and Other Information:

Ohava uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Ohava and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Ohava and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If Ohava intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.


Our Disclosure of Your Personal Data and Other Information:

Ohava is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Ohava, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Ohava may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Ohava, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.


Your Choices:

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.


Exclusions:

This Privacy Policy does not apply to any Personal Data collected by Ohava other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Ohava through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Ohava shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.


Children:

Ohava does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Ohava through the Services, please contact us, and we will endeavor to delete that information from our databases.


Links to Other Web Sites:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Ohava (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Ohava endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.


Security:

Ohava takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Ohava via the Internet.


Other Terms and Conditions:

Your access to and use of the Services is subject to the Terms of Service at www.ohava.com.


Changes to Ohava’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for Ohava to make changes to this Privacy Policy. Ohava reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.


Access to Information; Contacting Ohava:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about Ohava’s Privacy Policy or the information practices of the Services.

You may contact us as follows: support@ohava.com

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