Terms and Conditions

TERMS AND CONDITIONS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF OOMBA’S SITE, SERVICES, AND SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES, OR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, ANY SOFTWARE END USER LICENSE AGREEMENT APPLICABLE TO THE SOFTWARE, AND ALL RULES, POLICIES, AND GUIDELINES INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “TERMS OF SERVICE”). THIS INCLUDES THE PROVISIONS PERMITTING OOMBA TO SUSPEND OR TERMINATE YOUR USE OF AND ACCESS TO THE SITE, SERVICES, OR SOFTWARE AT ANY TIME AND FOR ANY REASON. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SITE, SERVICES, OR SOFTWARE.

1. TERMS.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. REGISTRATION AND ELIGIBILITY.

1. To become a Member you must be at least 13 years old. In order to access certain features of the Application and Services, you will have to become a Member and set up an Oomba account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Website only available to Members. You agree to provide Oomba with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Services. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights (including trademarks or copyrights) of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. Oomba reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that Oomba cannot guaranty the accuracy of any information submitted by any User of the Services, nor any identifying information about any User. You are solely responsible for the activity that occurs through your account. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members.
2. You are responsible for safeguarding and maintaining the confidentiality of your corresponding Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Oomba of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you.

3. COPYRIGHT AND LIMITED LICENSE.
Unless otherwise indicated on the Site, the Site and all information, content, and other materials on the Site, including, without limitation, the Oomba logo, trade names, trademarks, and service marks, and all designs, text, graphics, pictures, information, data, software, code, audio files, video files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are owned by Oomba or its licensor or users and are protected by United States and international copyright laws. You are granted a limited, personal, non‐exclusive, non‐transferable, non‐sub licensable, non‐assignable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non‐commercial, and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any Virtual Item, meta data, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) the modification, creation of derivative works, or other making of any derivative uses of the Site or the Site Materials, or any portion thereof; (e) the use of any data mining, robots, spiders, scripts, or similar data gathering or extraction methods (including, without limitation, scraping or other activities with the purpose of obtaining lists of users or extracting other information from the Site); (f) the download (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Oomba, is strictly prohibited and may result in termination of the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication, or otherwise. This limited license may be revoked at any time in Oomba’s sole discretion and without any further obligation.

4. COPYRIGHTED MATERIALS: NO UNAUTHORIZED USE.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Oomba has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.

5. DISCLAIMER.

1. THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, OOMBA DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, OOMBA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
2. OOMBA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL OOMBA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
3. THE SERVICES ARE CONTROLLED AND PROVIDED BY OOMBA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. OOMBA MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION. 
4. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. LIMITATIONS.
OOMBA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT OOMBA CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.

7. USE OF SERVICES OUTSIDE THE US.
The Services are controlled and operated by Oomba in the State of California, United States of America. Oomba makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws. Whether or not you use the Services inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User-Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

8. REVISIONS AND ERRATA.
The materials appearing on Oomba's web site could include technical, typographical, or photographic errors. Oomba does not warrant that any of the materials on its web site are accurate, complete, or current. Oomba may make changes to the materials contained on its web site at any time without notice. Oomba does not, however, make any commitment to update the materials.

9. LINKS.
Oomba has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Oomba of the site. Use of any such linked web site is at the user's own risk.

10. PRIVACY POLICY.
Please refer to our Privacy Policy, available at http://oomba.com/index.php/privacy-policy, for additional information on how Oomba collects, uses, and discloses personally identifiable information collected from or submitted by users of the Site, Services, and Software.

You acknowledge and agree that Oomba may access and preserve any information and may also disclose any information, including, without limitation, user profile information (i.e. name, e‐mail address, etc.), internet protocol addressing and traffic information, usage history, and posted User Content, if required to do so in order to cooperate with legitimate governmental requests, subpoenas, or court orders or if we have a good‐faith belief that such access, preservation, or disclosure is reasonably necessary or appropriate in order to: (a) comply with legal process; (b) enforce these Terms of Service, including your compliance with the terms and conditions of any Publisher Agreement; (c) respond to claims that any User Content violates the rights of third parties, including the legal rights of Oomba Partners or Publishers; (d) protect the rights, property, or personal safety of Oomba, Oomba’s employees, Oomba’s business, Oomba’s users, Publishers, Third-Party Sites, or the public; or (e) prevent and protect Oomba and our users from fraudulent, abusive, unlawful, or unauthorized use of the Site, Services, or Software. In connection with the foregoing, Oomba may disclose relevant information to law enforcement or other appropriate authorities and/or partners of Oomba, including Publishers and Third-Party Sites, as determined by Oomba to be reasonable necessary to fulfill the objectives described herein. OOMBA’S RIGHT TO ACCESS, PRESERVE, OR DISCLOSE ANY SUCH INFORMATION SHALL GOVERN OVER ANY TERMS OF OOMBA’S PRIVACY POLICY. 

11. PROHIBITED USER CONDUCT
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 8 will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.

You further agree that you will not, under any circumstances:

1. Frame or otherwise display any portion of the Services or its contents that is not your User-Generated Content without prior authorization;
2. Sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
3. Exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Oomba;
4. Host, provide or develop services for or using the Services, or intercept, emulate or redirect the communication protocols used by Oomba in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
5. Facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Oomba. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Oomba;
6. To develop or allow any malware, adware, spyware, Trojan Horses, cancelbots, other automated "bots", "auto players", cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;
7. Use the Services in connection with any contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
8. Collect, harvest, scrape or capture any User information, email addresses or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain; or
9. Use the Services in a manner prohibited by any applicable law or government regulation, or by the Terms.

Oomba expressly reserves the right to monitor any and all network traffic between the User(s) and the Services to prevent the use of said means to compromise the Services.

13. INDEMNIFICATION.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Oomba, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

14. MODIFICATION. Oomba may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of Oomba. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE.

15. GOVERNING LAW.
You agree that the Services shall be deemed exclusively based in the State of California, USA, and this Agreement shall be deemed to have been made and executed exclusively in the State of California. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of California without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Oomba shall be commenced and maintained in any state or federal court located in Los Angeles, State of California, USA, having subject matter jurisdiction with respect to such dispute. You and Oomba agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Oomba; Oomba may assign this Agreement without restriction of any kind. No failure on the part of Oomba to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Oomba with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings. 

I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.