Oomble logo
 

Oomble Registered User Agreement

Date of Last Revision: July 31 2007

This Oomble Registered User Agreement (this “Agreement”) is entered into by and between you and Oomble, Inc. This Agreement becomes effective on the date the you select the “I Accept” button (the “Effective Date”).

THE OOMBLE SERVICE (“ SERVICE ”) IS AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. YOU MUST, HOWEVER, BE AT LEAST 18 YEARS OF AGE TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF AND TO REGISTER FOR USE OF THE SERVICE. IF YOU ARE UNDER 18 BUT AT LEAST 13 YEARS OF AGE, YOU MUST PRESENT THIS AGREEMENT TO YOUR PARENT OR LEGAL GUARDIAN, AND HE OR SHE MUST CLICK “I AGREE” TO ENTER INTO THIS AGREEMENT ON YOUR BEHALF. CHILDREN UNDER THE AGE OF 13 MAY NOT REGISTER FOR THIS SERVICE, AND PARENTS OR LEGAL GUARDIANS MAY NOT REGISTER ON THEIR BEHALF.

OOMBLE IS WILLING TO ENTER INTO THIS AGREEMENT WITH YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. READ THE TERMS CAREFULLY. IF YOU ACCEPT ALL THE TERMS, SELECT THE “I ACCEPT” BUTTON AT THE BOTTOM OF THE PAGE TO CONFIRM YOUR ACCEPTANCE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, SELECT THE “I DECLINE” BUTTON AND THE ENROLLMENT PROCESS WILL NOT CONTINUE. IF YOU SELECT THE “I DECLINE” BUTTON OR YOU ARE OTHERWISE UNWILLING TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE OOMBLE SERVICE. THE AGREEMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND IS BINDING AND SETS FORTH THE LEGAL RIGHTS AND OBLIGATIONS OF YOU AND OF OOMBLE.

1. Registration Data.
In registering with Oomble, you must provide us with certain requested information about yourself related to the Service, and the general management of your Oomble account (“Oomble Account”), such as your name, email address, and mobile phone number (the “Registration Data”). You represent that all information that you provide to Oomble is and will be accurate, complete and timely at the time that it is given. Information collected from you by Oomble is governed by the Oomble Privacy Policy, a copy of which is available at www.oomble.com/privacy_policy.jsp. Oomble reserves the right to suspend and/or cancel any account and your access to the Service for any reason not prohibited by law. In the event of such cancellation or termination, except for your breach, Oomble will return a pro-rata portion of the fees paid for such terminated service, if any. In the event that such cancellation or termination is due to your breach of this Agreement, fees paid for such terminated service shall not be returned.

2. Modifications to Service and Agreement.
You acknowledge that Oomble is continually adding new features and enhancements to the Service. Oomble therefore reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Oomble shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Oomble also reserves the right to change the terms of this Agreement at its sole discretion from time to time for any reason and without notice. Changes to the terms of this Agreement will be posted to the Oomble web site (“Site”) and will indicate at the top of this page the date the terms were last revised. It is your responsibility to regularly check the Site to determine if there have been changes to the terms of this Agreement and to review such changes. Your use of the Service after Oomble makes any such changes indicates your agreement to be bound by the terms of the new Agreement.

3. Service Fees, Refunds and Cancellations.
If you choose to purchase the Service, you agree that you will pay the applicable subscription fees for the subscription that you have chosen, as set forth on http://www.oomble.com/purchase.jsp. Refunds for purchases of the Service are not offered in any way. You acknowledge that you have been provided with an opportunity for a free trial of the Service before purchase of the Service. You agree that any technical problems related to the Service, your mobile phone carrier, and your mobile phone were noted during your free trial. If after the free trial you purchased the Service, you waive all claims to technical incompatibility or other issue(s) that renders the service impaired with respect to your subscription. Subscriptions purchased with one combination of phone model and carrier are not guaranteed to work with different combinations of phone model and carrier. You also agree that changing (i) mobile phone models, (ii) mobile phone carriers, or (iii) mobile phone numbers, may render the Service impaired with respect to your subscription. Cancellation of subscriptions are not offered, though one can simply discontinue use the Service. Oomble will not renew or auto bill for the Service without explicit action by you.

4. Additional Mobile Fees.
Your use of the Service may include the transmission of SMS messages to your mobile phone and access to your carrier’s data network in order to transfer the data to your mobile phone. Due to the use of SMS technology and the data network, your use of the Service may result in increased charges from your wireless carrier and, in addition to any purchases of content you may make through the Service, your carrier's normal messaging, data and other rates and fees will still apply (Oomble does recommend that you obtain an unlimited data plan from your carrier). You understand and agree that any and all wireless charges are your sole responsibility. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or wireless charges). In addition, you must provide and are also responsible for all equipment (such as Internet enabled terminal and cell phone) necessary to access the Service.

5. Submissions.
You acknowledge that you are responsible for the information and material that you upload to your Oomble Account or transmit using the Service (your “Submissions”), and that you, and not Oomble, have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and non-infringement. As such, you agree to indemnify and hold Oomble entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Oomble in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Service or the use of the Service by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

6. Password Protection.
Because your use of the Service and your Oomble Account is password restricted, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Oomble if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your Oomble Account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Oomble of any unauthorized use of your Oomble Account or any other breach of security in relation to your password or the Oomble web site that is known to you.

7. Oomble Software.
As part of the Service, you may download certain software provided by Oomble to your mobile phone or your desktop computer (“Oomble Software”) to enhance the Service. Subject to the terms and conditions of this Agreement, Oomble hereby grants you a personal, non-exclusive and non-transferable license to use the Oomble Software solely to interact with the Site to receive the Services. You shall not have the right to copy or to distribute Oomble Software or otherwise make Oomble Software available to any other person or entity. You shall not: (i) customize, modify or create any derivative works of the Oomble Software or any documentation relating thereto (including any translation or localization); (ii) incorporate Oomble Software, or any portion thereof, into or with any other software or documentation; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Oomble Software; (iv) redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Oomble Software; (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or to the Oomble Software; (vi) make any commercial use or deployment of the Oomble Software, or make the Oomble Software available to any person, whether or not such person is charged for such use of or access to the Oomble Software; or (vii) publish or provide to any third party any results of benchmark tests run on the Oomble Software, without Oomble’s express prior written consent.

8. User Conduct.
As a condition of accessing your Oomble Account and the Service, you agree that you will not:

  • Use Oomble’s facilities, services or resources (including the Site, Service, Oomble Software and your Oomble Account) in a manner with violates any applicable laws, regulations or third party rights;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or use explicit or obscene language or solicit, transmit, or post sexually explicit images (actual or simulated) in connection with your use of the Service;
  • Use the Service in connection with any content for which you do not have the right to copy, transmit, modify, and play back or display using your mobile phone;
  • Use Oomble’s facilities, services or resources in a manner which interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission;
  • Use Oomble’s facilities, services or resources for commercial purposes, or for the benefit of any third parties;
  • Upload, transmit, store or otherwise make available content that, in the sole judgment of Oomble, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Oomble or its users to any harm or liability of any type;
  • Use the Service in a manner that Oomble reasonably deems to be inappropriate (e.g., unauthorized access, denial of service attacks, etc…);
  • Register for more than one Oomble account, register for an Oomble account on behalf of an individual other than yourself, or register for an Oomble account on behalf of any group or entity;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your personal information, such as but not limited to your mobile number, or your affiliation with any person or entity; or
  • Use or attempt to use another's account, service or system without authorization from Oomble, or create a false identity on the Service or the Oomble web site.

9. Use of Proprietary Materials.
Any materials on the Site that are provided by Oomble or its licensors, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or content or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to Oomble. The Materials contain trademarks, service marks and trade names which are owned by Oomble and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, cache, copy and print the Materials solely for personal non-commercial use and not for resale or further distribution, subject to the terms and conditions of this Agreement. Oomble reserves the right to revoke such authorization at any time. Any product, process or technology described in the Materials or offered through the Site may be subject to other intellectual property rights reserved by Oomble, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Oomble or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Oomble, and/or any third party, as applicable.

10. Third Party Websites and Content.
The Site contains links to (or you may be sent through the Site or the Service or may be able to access through the Site or Service) other web sites ("Third Party Sites") as well as Materials belonging to or originating from third parties or Third Party Sites (the "Third Party Materials"). Such Third Party Sites and Third Party Materials are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Oomble, and Oomble is not responsible for any Third Party Sites accessed through the Service or any Third Party Materials posted on or available through the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Materials. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Materials does not imply approval or endorsement thereof by Oomble. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

11. Disclaimer of Warranties.
OOMBLE PROVIDES THE SITE, SERVICE, OOMBLE SOFTWARE AND YOUR OOMBLE ACCOUNT ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE FOREGOING. OOMBLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT OOMBLE DOES NOT WARRANT THAT ACCESS TO THE SITE, SERVICE, OOMBLE SOFTWARE OR YOUR OOMBLE ACCOUNT WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT COMPROMISE OR INFILTRATION OF SECURITY SYSTEMS. USE OF ANY INFORMATION OBTAINED VIA THE SITE, SERVICE, OOMBLE SOFTWARE OR YOUR ACCOUNT IS AT YOUR OWN RISK. OOMBLE SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH THE SITE, SERVICE, OOMBLE SOFTWARE OR YOUR OOMBLE ACCOUNT.

12. Limitation of Liability.
IN NO EVENT SHALL OOMBLE OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE, OOMBLE SOFTWARE OR YOUR OOMBLE ACCOUNT (OR YOUR INABILITY TO USE ANY OF THE FOREGOING). IN NO EVENT WILL OOMBLE OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER OOMBLE OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF OOMBLE OR ITS THIRD PARTY PROVIDERS FOR DAMAGES UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).

OOMBLE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICE, SITE, OOMBLE SOFTWARE OR YOUR ACCOUNT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. OOMBLE MAKES NO WARRANTY AS TO ANY THIRD PARTY SOFTWARE WHETHER OR NOT SUCH THIRD PARTY SOFTWARE IS INCLUDED AS PART OF THE SITE, SERVICE, OOMBLE SOFTWARE OR YOUR OOMBLE ACCOUNT.

13. Indemnification.
In addition to your indemnity in Section 5, you shall, at your expense, indemnify, hold harmless, and at Oomble’s option and request, defend Oomble, our third party providers, and our officers, employees, and agents from any cost, expenses (including attorneys’ fees), losses, damages or liabilities incurred arising out of your actual or alleged (i) failure to perform or abide by any obligation under this Agreement, or (ii) illegal, harmful or fraudulent conduct.

14. Notices of Copyright Infringement.
Oomble respects the intellectual property rights of others, and asks you to do the same. Oomble may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been accessed through the Services or through the Site in a way that constitutes copyright infringement, please contact Oomble at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Oomble’s designated agent for notice of copyright infringement can be reached at: copyright@oomble.com

15. Privacy Policy.
To learn more about Oomble’s privacy practices please review Oomble’s privacy policy which is located at http://www.oomble.com/privacy_policy.jsp, and incorporated into this Agreement by reference. By agreeing to this Agreement, you acknowledge that you have read and understand this privacy policy and agree to its terms.

16. Site Terms and Conditions.
You agree that your use of the Site is further governed by Oomble’s general Terms and Conditions which is located at http://www.oomble.com/terms.jsp, and incorporated into this Agreement by reference. By agreeing to this Agreement, you acknowledge that you have read and understand these terms and conditions and agree to them.

17. International Compatibility.
Oomble controls and operates the Services from its headquarters in the United States of America and makes no representation that the Services are appropriate or will be available for use in other locations. You agree that you are solely responsible for compliance with applicable law as applied in your jurisdiction.

18. Term and Termination.
This Agreement is effective until terminated. Either party may immediately terminate this Agreement at any time by providing written notice to the other. If you violate this Agreement, Oomble reserves the right to terminate your ability to use the Services. In addition, you agree to terminate your use of the Service upon request. Upon termination of this Agreement, all your rights to use the Service, Oomble Account and Oomble Service shall terminate forthwith. The following provisions shall survive the termination of this Agreement: 3, 5, 11, 12, 13, and 19.

19. General.

  • Notice. Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by confirmed telex or fax, (iii) sent by commercial overnight courier with written verification of receipt or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the at such address that you provide to Oomble as a part of your Registration Data, or if to Oomble to the physical mailing address set forth in the Site. Additionally, Oomble may provide written notice to you by sending an email or SMS message to the email address or phone number provided by you in your Registration Data, which shall be effective upon dispatch.
  • You agree that, in Oomble’s efforts to promote good citizenship within the Internet community, if Oomble becomes aware of inappropriate use of the Services, Oomble may respond. You acknowledge that Oomble may report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct.
  • You will not assign or transfer any rights or obligations under this Agreement, without the prior written consent of Oomble and any attempted assignment or transfer without such prior written consent shall be null and void.
  • Any action related to this Agreement will be governed by the laws of the State of California and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that venue for any dispute arising under this Agreement and/or your use of the Services will lie exclusively in the state or federal courts located in San Mateo County, California.
  • If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Oomble to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Oomble in writing. This Agreement comprises the entire agreement between you and Oomble and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

20. How To Opt In.
To use or “opt-in” to the Service, you must signup through our Site by creating an Oomble account. We require your mobile phone number, carrier, and phone model when creating the account. You are not billed for creating an account. Oomble does not have reoccurring billing for its Service. All billing is one time only and can only be initiated by the user.

21. How To Opt Out.
To discontinue your Oomble Account or “opt-out”, you may simply stop using the Service. All purchases conducted through the Service are explicitly initiated by the user of the Service. You may go to http://www.oomble.com/email_optout.jsp to remove your email address from Oomble's internal marketing list.

22. Contact Us and Support.
Oomble can be reached using the following contact information: support@oomble.com
 

Home   |   My Stuff   |   FAQ   |   User Agreement   |   Web Terms   |   Privacy Policy   |   Blog   |   About Us   |   Contact Us
© 2007 Oomble, Inc.