Last Updated: January 19, 2022
Oz Publishing, Inc. d/b/a gasourcebook (“Oz“, “we“, “us“, or “our“) welcomes you. We invite you to access and use our website located at https://gasourcebook.com (the “Website“), and our online platform (the “Platform“) which is accessible through our Website.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
- DESCRIPTION AND USE OF PLATFORM
The Platform provides professionals in the field of media and entertainment with a variety of resources to facilitate staffing and project management. The Platform connects clients (“Clients“) with staffing and project management projects (“Projects“) with freelancers, vendors and service providers (“Freelancers“) who are interested in working on such Projects. Oz is not a party to any transactions, communications, contracts and/or agreements regarding any such Projects (“Transactions“). Accordingly, we shall have no liability to any party in connection with such Transactions. We do recommend, however, that in connection with each Transaction, Members conduct their own due diligence and reduce their agreements to writing.
Clients and Freelancers are collectively referred to herein as “Members“. Access to the Platform is offered to you on a membership basis (your “Membership“).
We provide Visitors, Members, and Guests with access to the Website, and the Platform as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us.
Clients. Login is required for all Clients. Clients can do all things that Visitors can do, and may also be able to: (i) create a Client profile; (ii) upload information about Projects; (iii) connect and communicate with Freelancers about Projects; and (iv) post Member Content.
Guests. Login is required for all Guests. Guests are individuals who are invited by Members to work on a specific Project. Guests can only connect and communicate with Members working on the same Project they are invited to work on. Guests can become Members by requesting Membership from Oz or if they are invited by other Members.
Freelancers. Login is required for all Freelancers. Freelancers can do all things that Visitors can do and can also: (i) create a Freelancer profile, describing the services they offer; (ii) connect and communicate with Clients in need of their services; and (iii) post Member Content.
- RIGHT TO USE THE PLATFORM
Subject to the terms and conditions of this Agreement, Oz grants you during the term of this Agreement a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Platform for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; or (ii) introduce into the Platform any virus, worm, back door, Trojan Horse, or similar harmful code. If you violate this section, Oz reserves the right in its sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice. Oz reserves the right to change the availability of any feature, function, or content relating to the Platform, at any time, without notice or liability to you.
Although you are able to find information about Projects through our Platform, we are not a party to any Transactions you enter into through the Platform.
Please be advised that:
- We do not verify the certifications and licenses of the Members and Guests; we make no representations, offer no assurances, and do not investigate any of our Members’ and Guests’ backgrounds, morality, character, actions, or demeanor. We encourage all Members and Guests to communicate directly with the other Members on their Projects through the Platform and to review Members’ and Guests’ profile pages.
- Although we reserve the right to do so, we typically do not verify information that Members and Guests submit to the Platform.
- COMMUNITY GUIDELINES
Oz’s community, like any community, functions best when its people follow a few simple rules. By visiting the Website, and/or accessing and using the Platform, you hereby agree to comply with these community rules and that:
- You will comply with all applicable laws in your use of the Website, and/or the Platform and will not use the Website, and/or the Platform for any unlawful purpose;
- You will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use the Website, and/or the Platform to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not “stalk” or otherwise harass another;
- You will not use any robot, spider, scraper, or other automated means to access the Website, and/or the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website, and/or the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the Website, and/or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, and/or the Platform, or any portion of the Website, and/or the Platform, without notice, and to remove any content that does not adhere to these guidelines. We also reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these guidelines or is otherwise deemed to be offensive in our sole discretion.
The Platform is available for individuals aged 18 years or older. If you are under 18, please do not use the Platform. By registering as a Member, you represent and warrant that you are at least 18.
- USE OF PERSONAL INFORMATION
The Platform is provided to you free of charge. However, we reserve the right to institute new or additional fees, at any time upon notice to you.
- MEMBERSHIP; GUEST REGISTRATION
Currently, Membership is by invitation only. We reserve the right in our sole discretion to determine whether to invite you to use our Platform. Members can invite others to join as a Member. You will have to follow the instructions in the invitation email to complete your registration to become a Member. During the registration process, we will ask you to provide information including but not limited to, your name, e-mail address, and links to your work on your personal website and/or any social media sites. If you are eligible to become a Member, we will notify you by e-mail. You will have to follow the instructions in the email to create a username and password for your Member account.
If you would like to use our Platform as a Guest, you will have to provide your name and title
You represent and warrant that all information you provide to us is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for the confidentiality of your account. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We are under no obligation to accept any individual as a Member or a Guest, and may accept or reject any registration in our sole and complete discretion.
- FAVORABILITY SCORE
You may submit feedback to us at the end of a Project. We may generate a favorability score for a Member based on the feedback we receive about the Member. Such favorability score will be made available on the Members’ profile.
- INTELLECTUAL PROPERTY
The Website, and the Platform contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Oz (collectively referred to as the “Content“). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website, and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Oz (“Oz Trademarks“) used and displayed on the Website, and Platform are registered and unregistered trademarks or service marks of Oz. Other company, product, and service names located on the Website, and the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks“, and, collectively with the Oz Trademarks, the “Trademarks“). Nothing on the Website, and the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Oz Trademarks inures to our benefit.
Elements of the Website, and the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- MEMBER CONTENT; LICENSES
Members may post and/or create content through the Platform, including, without limitation, information about Projects, reviews, and any messages sent to other Members (hereinafter, “Member Content“). You expressly acknowledge and agree that once you submit the Member Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. We may remove Member Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. YOU, AND NOT OZ, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MEMBER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Member Content as reasonably necessary to provide the Platform.
If you submit Member Content to us, each such submission constitutes a representation and warranty to Oz that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by Oz and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
- COMMUNICATIONS TO US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
- NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF OZ, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “OZ PARTIES“) ENDORSE OR RECOMMEND ANY PROJECTS, CLIENTS, FREELANCERS, OR ANY MEMBER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM MERELY ACTS AS A VENUE THAT ALLOWS MEMBERS TO CONNECT WITH OTHER MEMBERS. NONE OF THE OZ PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY PROJECTS, OR TRANSACTIONS THAT YOU CONDUCT THROUGH THE PLATFORM, ANY FAVORABILITY SCORES, ANY EQUIPMENT OR GEAR MADE AVAILABLE TO YOU BY ANY MEMBERS, ANY DAMAGED, STOLEN OR LOST EQUIPMENT OR GEAR, OR FOR ANY RESULTS CAUSED BY USING THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
THE WEBSITE, THE PLATFORM, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF THE OZ PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PLATFORM OR THE CONTENT, EVEN IF SUCH OZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE, AND THE PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, AND THE PLATFORM AT ANY TIME WITHOUT NOTICE.
- EXTERNAL SITES
The Website and the Platform may contain links to third-party websites (“External Sites“). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless the Oz Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, and/or the Platform; (iii) any Member Content provided through your accounts; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
- COMPLIANCE WITH APPLICABLE LAWS
The Website and the Platform are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Platform, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, and/or the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, and/or the Platform at any time without prior notice or liability.
- DIGITAL MILLENNIUM COPYRIGHT ACT
Oz respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Oz Publishing, Inc
2566 Shallowford Road
Suite 104, #302
Atlanta, GA 30345
If you believe that your work has been copied on the Website, and/or the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website, and/or the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Website, and/or the Platform or any other products or services provided by us (each, a “Dispute“, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA“). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS“) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Oz from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Oz’s proprietary interests.
- CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees”, “Intellectual Property”, “Member Content”, “Communications with Us”, “No Warranties; Limitation of Liability”, “Indemnification”, “Termination of the Agreement”, “Binding Arbitration”, “Class Action Waiver”, and “Miscellaneous”.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.