Changes
We may occasionally change these Oohly Website Terms and Conditions (the “Terms”), so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the services provided by Oohly (the “Service(s)”). If you continue to use the Services after we change the Terms, you accept all changes.
Limitation of Liability
Use of the Services is entirely at your own risk. If you are dissatisfied with any aspect of the Service or with these Terms, or any other rules or policies, your sole remedy is to discontinue using Oohly. The Services are provided on an “as is” basis without warranties of any kind, expressed or implied, constructive, or statutory, including without limitation any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
Oohly makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Services. In no event shall Oohly be liable for any damages whatsoever. This includes direct, indirect, incidental, special, consequential, or punitive damages, whether arising in contract, in tort, by operation of law, or otherwise, arising out of the use of or inability to use the Services or any content thereon.
Privacy
All information provided by the User is strictly confidential. Oohly reserves the right to distribute aggregated demographic information provided by the User, but Oohly will never release any personal information about the User without permission. However, Oohly reserves the right to release User information if User has violated these Terms, if the information is subpoenaed, or if the User has been accused of committing unlawful acts. Oohly reserves the right to use User information confidentially to improve its own Services and site.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to us or our agent: Identification of the material that you claim is infringing, with sufficient detail to enable us to locate it on the site; a statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or under applicable law; a statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of the owner; . your address, telephone number, and email address; and finally, your physical or electronic signature.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: info@Oohly.com
Indemnity
By virtue of your use of the Oohly website and Services, you hereby agree to release, indemnify, defend and hold harmless Oohly and its partners, and their respective parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation, or download of the Application, your use of the Service, your user submissions, or your breach of these Terms. Oohly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and upon written notification of such event by Oohly, you shall have no further obligation to provide indemnification for such matter.
Content
The term “Content” includes, without limitation, any television identification information, videos, audio, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. Other than User Submissions (as defined below), Oohly owns or licenses the Content and any trademarks, logos, or brand elements on the Service (“Marks”). The Content and Marks are protected under U.S. and international laws. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
User Submissions
The Service may provide you with the ability to add, create, upload, submit, distribute, or post Content using the Service (“User Submissions”). You own your User Submissions. You hereby grant Oohly a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, copy, display, perform, and otherwise fully exploit User Submissions in connection with the Service and Oohly’s (and its successors’ and assigns’) business, including, without limitation, for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, third-party Web sites). You promise that (a) you own all rights to your User Submissions or, alternatively, that you have the right to give Oohly the rights described above; (b) you have paid and will pay in full any fees or other payments that may be related to the use of your User Submission; and (c) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. Oohly does not endorse and has no control over any User Submission. Oohly has no obligation to monitor the Service or any User Submissions. Oohly may refuse to accept or transmit User Submissions in its sole discretion. Oohly may remove or block any User Submissions from the Service for any reason, at its sole discretion.
Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Oohly and/or its partners and/or any third party or potentially deprive Oohly and/or its partners of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- Interfere with others using the Services or otherwise disrupt the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Oohly;
- Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
Waiver
By accepting these Terms, you waive all claims regarding, and hold harmless Oohly and its partners, and their respective i parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from any claims resulting from any reasonably necessary action taken as a consequence of investigations by either Oohly or law enforcement or regulatory authorities.
Maintenance
Oohly may perform maintenance services at any time. User acknowledges that such maintenance may require downtime, and Oohly may not load during this time.
General Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any conflict of laws rules or provisions. The exclusive forum for any disputes arising out of or relating to these Terms shall be an appropriate court in Kansas and the parties hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses. If any part of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions in these Terms. You may not assign any rights or obligations under these Terms. These Terms will be binding upon and will inure to the benefit of Oohly and its partners and their respective successors and assigns. These Terms, together with any rules, policies, or additional terms associated with the Service, constitutes the entire understanding and agreement of the parties respecting the subject matter of these Terms.
