Date of Last Revision: July 30, 2007
Thanks for visiting Oomble! We hope you enjoy your experience and encourage you to let us know what you think by either emailing us at comments@oomble.com or commenting on our blog. Please, however, do note our policy regarding contributions to Oomble in the terms below.
Your visit to the Oomble web site (“Site”) is governed by these general terms and conditions (“General Terms”), so please read them carefully. Oomble is in its early stages and we are continually adding new features and enhancements all the time to Oomble’s products, web sites and services (collectively, the “Services”). We therefore reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You understand and agree that Oomble shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We also reserve the right to change these General Terms from time to time for any reason and without notice. Please refer back to these General Terms periodically. Your use of the Service after Oomble makes any such changes indicates your agreement to be bound by the new General Terms.
Your use of Oomble’s Services will require you to register and enroll with Oomble. During the Oomble enrollment process, you will be asked to accept a registered user agreement which includes these General Terms by reference. These General Terms, together with any additional terms for other Services (such as the registered user agreement), form a legally binding agreement between you and Oomble in relation to your use of the Site and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what any additional terms say and what these General Terms say, then the additional terms shall take precedence in relation to that Service.
1. Third Party Content
Oomble may provide links or other access to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by Oomble and are maintained by third parties over which Oomble exercises no control. Accordingly, Oomble expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
2. Your Blog Submissions
You agree to and hereby grant Oomble an irrevocable, perpetual, royalty-free, sublicensable and fully paid-up license to copy, distribute, display, prepare derivative works of and perform any and all comments, submissions and other works of authorship posted by you to the Site, including Oomble’s blog. You represent and warrant that you either own or otherwise control all rights to any and all content you post or submit to the Site, including, without limitation, all rights necessary for you to provide, post, upload, input or submit such content, or that your use of such posted content is a protected fair use. You covenant that you will not knowingly and with intent to defraud provide misleading false information. You agree to indemnify and hold Oomble harmless for any and all claims resulting from content you post to the Site, including Oomble’s blog.
You understand that Oomble does not necessarily pre-screen or regularly review posted content and that Oomble has the right to edit, modify or remove any content that you may post to the Site for any reason whatsoever, including, for example and without limitation, content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable to Oomble, in Oomble’s sole opinion and discretion. You understand that all content posted to the Site is the sole responsibility of the individual who originally posted the content. You also understand that all opinions expressed by users of this site, including Oomble’s own employees, are expressed strictly in their individual capacities, and not as representatives of Oomble.
You agree that Oomble will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3. Intellectual Property Rights.
All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Oomble does not grant you any express or implied right(s) to this Site. Removing or altering the copyright notice on any material on this Site is prohibited. Oomble also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site's content.
The trademark OOMBLE and all other names, logos, and icons identifying Oomble and/or Oomble products and services are proprietary marks of Oomble. Other product and company names mentioned herein may be the trademarks of their respective owners.
4. 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
5. Contributions to Oomble.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Oomble through email or its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Oomble is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Oomble shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Oomble may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Oomble without any obligation of Oomble to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Oomble under any circumstances.
6. Privacy Policy.
To learn more about Oomble’s privacy practices please review Oomble’s privacy policy which is located here and incorporated into these General Terms by reference. By agreeing to these General Terms, you acknowledge that you have read and understand this privacy policy and agree to its terms.
7. Disclaimer of Warranties.
OOMBLE PROVIDES THE SITE 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 WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT COMPROMISE OR INFILTRATION OF SECURITY SYSTEMS. USE OF ANY INFORMATION OBTAINED VIA THE SITE IS AT YOUR OWN RISK. OOMBLE SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH THE SITE.
8. 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 (OR YOUR INABILITY TO USE THE SITE). IN NO EVENT WILL OOMBLE OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, 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.
9. Governing Law.
These General Terms are governed by the laws of the California without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in San Mateo Country, California.
