oooloo

oooloo Terms of Service

January 1st 2011

Welcome to oooloo.com. We provide services available at our Web site (the “Site”) http://www.oooloo.com to you (“you” or “User”).

By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by oooloo.com (together, the "Services"), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services.

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.

A.         MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above.  Such modifications shall become effective immediately upon the posting thereof.  Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated.  You must review this agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services.  Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. 

B.         YOUR REGISTRATION OBLIGATIONS.

You may not authorize any third party to access or use the Services on your behalf.  You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password.  You agree to immediately notify oooloo.com of any unauthorized use of your user ID or password or any other breach of security.  oooloo.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

C.         CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with oooloo.com, you understand that we may send you communications or data from oooloo.com regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding oooloo.com’s products and services, via electronic mail.  We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

D.         USER CONDUCT/ACCEPTABLE USE POLICY.

Unauthorized use of the oooloo.com service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.  In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose.  Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of oooloo.com or others.

oooloo.com shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that oooloo.com, in its sole discretion, deems to be (a) inconsistent with oooloo.com strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, oooloo.com has the right to remove any content if oooloo.com has reason to believe that displaying such content may infringe the rights of a third party or subject oooloo.com to expense or liability. Please notify us by email from our help page regarding any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
oooloo.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit oooloo.com’s response to a future complaint.  You acknowledge and agree that oooloo.com shall not assume or have any liability for any action or inaction by oooloo.com with respect to any User Content.

Additionally, oooloo.com reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

1.   You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the oooloo.com Site, computer systems and network, or the Services.
2.   You may not attempt to interfere with any other person’s use of the Services.
3.   You may not misrepresent your identity or impersonate any person.
4.   You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5.   You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6.   You may not attempt to charge others to use the Services either directly or indirectly.
7.   You may not use the Services to participate in pyramid schemes or chain letters.
8.   You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9.   You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by oooloo.com in connection with the oooloo.com Site or Services.
16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of oooloo.com. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of oooloo.com.  oooloo.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit oooloo.com’s response to a future complaint.  You acknowledge and agree that oooloo.com shall not assume or have any liability for any action or inaction by oooloo.com with respect to any User Content.  Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

E.          OOOLOO.COM MAKES NO WARRANTIES.

oooloo.com is in no way liable for loss of customer data. Under no circumstances will oooloo.com be held accountable for any loss of customer data. By becoming a oooloo.com user you, the customer, acknowledge that you forfeit the right to hold oooloo.com accountable for any and all technical errors, including loss of user files (customer data).

F.        TERMINATION OF SERVICE.

oooloo.com reserves the right to terminate without notice your password, account or use of oooloo.com Services and delete any data within oooloo.com service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to oooloo.com at any time.

G.        REFUND OF CHARGES.

Except as specifically set forth in this section, all oooloo.com services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.

H.         MISCELLANEOUS.

oooloo.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.  ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR.  THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.  IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.  The failure of oooloo.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

If you have any questions about these terms, please contact oooloo.com