Terms of Use Agreement
Oboulo.com
Acceptance of the Terms of Use
Welcome
to the oboulo.com, the web site of Oboolo.com, Inc., a Nevada corporation (the
“Company”), accessible at http://www.oboulo.com/.
All
use of this web site (the “Site”) and information distributed in
conjunction with this Site is offered to you on your acceptance of these Terms
of Use Agreement (the “Agreement”).
Your use of this Site or any content presented in any and all areas of
the Site indicates your acknowledgement and agreement to be bound by the
Agreement, whether you are a visitor (simply browse the Site) or a “Member”
(meaning you registered with Oboulo.com) . Please read the Agreement carefully.
You are only authorized to use this Site if you agree to abide by all applicable
laws and to this Agreement. If you do not agree with it, you should leave this
Site and discontinue use of Oboulo.com services. If you wish to become a Member
and make use of the services contained in this Site, you must read this
Agreement and accept it through the registration process.
You
understand and agree that the Company may modify this Agreement from time to
time and such modification shall be effective upon posting by the Company on
oboulo.com Site. You agree to be bound to any changes to this Agreement when
you use the oboulo.com Site after any such modification is posted. It is
therefore important that you review this Agreement regularly to ensure you are
updated as to any changes. If any changes to this Agreement is not acceptable
to you, your sole remedy is to discontinue using oboulo.com.
The Site
The
Site’s purpose is to provide access to a knowledge database, which documents
(The “Documents”) are written by students and professionals, and cover a
variety of topics. The Documents have been reviewed and selected by the
Company’s selection committee (the “Selection Committee”), and are aimed
at providing a knowledge source for academic or professional use by users (the
“Users”). The Documents may be presented in several different forms
(among others, white papers, term papers, thesis, market surveys,
presentations) and are downloadable from the Site for a fee. Any User can have
access to the part of the Site database that provides him or her with essential
information describing each Document. Access to the full document through
downloading requires for the User to register as a Member.
There is no right to reimbursement,
except as otherwise approved by the Company, at its sole discretion, in the
case of a technical malfunctioning imputable to the Site or a blatant error on
the part of the User that is recognized as such by the Company.
The selection of the Documents
published on the Site is made by the Selection Committee. The Selection
Committee consists of people whose professional or academic background allows
them to assess the intellectual value of the Documents it receives. The
Selection Committee can decide discretionarily to accept or refuse a document. It
does not have to justify or motivate its decision. There are several selection criteria,
including, but not limited to, scientific content, relevance of topic, presence
of a bibliography, accuracy of information, presentation, style, and spelling.
The Company reserves the right
to temporarily or definitively shut down the Site.
Use of the Site, Conduct
and Obligations
User agree to follow all
applicable laws and regulations when using the Site.
The Site contains material,
such as software, text, graphics, images and other material (collectively
referred to as the “Content”). The Content may be owned by the Company
or may be provided through an arrangement it has with others. The Content is
protected by copyright under both United States and foreign laws. Unauthorized
use of the Content may violate copyright, trademark, and other laws. You have
no rights in or to the Content, and you will not use the Content except as
permitted under this Agreement. No other use is permitted without prior written
consent from the Company. You must retain all copyright and other proprietary
notices contained in the original Content on any authorized copy you make of
the Content. You may not sell, transfer, assign, license, sublicense, or modify
the Content or reproduce, display, publicly perform, make a derivative version
of, distribute, or otherwise use the Content in any way for any public or
commercial purpose. The use or posting of the Content on any other web site or
in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks,
and logos (collectively the “Trademarks”) used and displayed on this
Site are registered or unregistered Trademarks of the Company. Other company,
product, and service names located on the Site may be trademarks or service
marks owned by others. Nothing on this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on this Site, without the prior written permission of the Company
specific for each such use.
The Documents are for the
personal use of the Members only and may not be used in connection with any
commercial endeavors.
Illegal and/or unauthorized
use of the Site, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Site is prohibited.
Use of any Membership is void
where prohibited. By using the Site you represent that all registration
information you submit is truthful and accurate; you will maintain the accuracy
of the information; you are at least 14 years of age or older; and the use of
the Site does not violate any applicable law, regulation or other agreement you
are party to.
Additional prohibited uses
include, but are not limited to, posting, storing, transmitting or
disseminating information, data or material which is libelous, obscene,
unlawful, defamatory, or which infringes the intellectual property rights of
any person or entity, or which in any way constitutes or encourages conduct
that would constitute a criminal offense, civil liability, or violation of any
law; use or distribute tools designated or used for compromising security,
transmit unsolicited bulk or commercial messages or spam (such as unsolicited
advertising, promotional materials or other solicitation material, bulk mailing
of commercial advertising, and mail); impersonate any person or entity, forge
anyone else’s signature; and collect, or attempt to collect, personal
information about third parties without their consent.
The Company may take
appropriate legal action for any illegal or unauthorized use of the Site. If
you violate any part of this Agreement, your permission to access and/or use
the Content and Site automatically terminates and you must immediately destroy
any copies you have made of the Content.
The Company reserves its
right, but not the obligation, to refuse or transmit or post and to remove or
block any information or materials, in whole or in part, that it, in its sole
discretion, deems to be offensive, indecent, or otherwise inappropriate,
regardless of whether this material or its dissemination is unlawful. The
Company Parties, as defined below, have no obligation to monitor transmissions
or postings made on the Site, but they do have the right to monitor these
transmissions and postings from time to time for violations of this Agreement
and disclose, block or remove them.
Limit of Liability and
Warranty
THE COMPANY, ITS AFFILIATES,
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR
LICENSORS (COLLECTIVELY, THE ”COMPANY PARTIES”) MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS, INCLUDING THOSE OF THE DOCUMENTS. THE
COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR
COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR
OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION
STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT
YOUR OWN RISK.
THE COMPANY PARTIES DO NOT
WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR
THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE
RESPONSIBLE FOR THOSE COSTS.
THE SITE AND THE CONTENT ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY COMPANY
PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some states do not allow
exclusion of implied warranties or limitation of liability for incidental or
consequential damages, so the above limitations or exclusion may not apply to
you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend,
indemnify, and hold harmless the Company Parties, from and against any claims,
actions or demands, including, without limitation, legal and accounting fees,
arising or resulting from your breach of this Agreement or your access to, use
or misuse of the Content or Site. The Company reserves the right to assume the
exclusive defense and control of any matter which is subject to indemnification
under this section.
Authors Obligations
Users who wish to publish
Documents on the Site commit to respecting intellectual property rights. Users
commit to submit to the Site only Documents over which they own all necessary legal
rights. Users shall send Documents in electronic form of computer files that do
not contain any virus, macro-virus, trojan, worm, or programs aimed at
destroying, altering or perturbing the proper functioning of the Site, or any
other computer or program.
Users are fully and personally
responsible for the content of the Documents they submit.
Before a document will be
accepted to publication and commercialization on the Site, the User and the
Company shall enter into an Exclusive On-Line Publication and Commercialization
Agreement (the “Publication Agreement”), which shall be available
electronically on the Site. Users whose Documents are acquired shall be
referred to as Authors under the Publication Agreement. The Publication
Agreement constitutes an integral part of this Agreement.
Personal information and
Collection of Data
Prior to any downloading,
purchasing or submission of a Document, Users have to create a personal Oboulo account
(the “Account”), using their email as a login, and selecting a password.
The Account enables Users to manage their relationship with the Site, be it as
a customer or an Author. Through the Account, Users are able to track their
downloads, purchases and Document submissions. In order to activate their
accounts, Users have to fill out a form describing their profiles. The
provision of this information must be sincere, complete and accurate. Users
commit to update their personal data as often as necessary. The Company
reserves the right to suspend or close any Users’ Account if Users do not comply
with the terms of this Agreement.
Users are entirely responsible
for maintaining the confidentiality of their password. Users agree not to use
the account, username, password of another user at any time or to disclose their
password to any third party. Users agree to inform the Company immediately if Users
suspect any unauthorized use of their account or access to their password. Users
are solely responsible for any and all use of their account.
The Site respects its Users privacy. The Company
limits the use of Users’ personal data for improving the Site and the service
provided, in the event of a breach of this Agreement for purposes of enforcing its
rights under this Agreement, and/or to transmit to legal authorities if required
under applicable law.
In order to enable proper
functioning and performance improvement of the Site, or the services provided
by the Company, the Site gathers information, through, but not limited to, IP
data collection and cookies.
The Company reserves the right to display
on the Site the identity of Authors (first and last name or nickname) as well
as their profession.
Without limiting anything in
this Agreement, the Company declines responsibility over, but not limited to,
the following matters :
§ Publishing of a Document sent by a User
that violates the intellectual property of a third party.
§ Inappropriate use or commercial
exploitation by Users of a Document downloaded on the Site.
§ Damages resulting from the use of an obsolete,
incomplete or erroneous Document’s content.
§ Partial or total interruption, temporarily
or definitively of the Site’s functioning.
§ Hardware or software damage, or data loss
resulting from Document downloading from the Site.
No guarantee of any nature is
given by the Company regarding the state, the appropriateness, the
availability, the accuracy, the reliability, and the absence of copyright
infringement on the Site.
Users relieve the Company of
any responsibility, and of any legal action that could be taken as a
consequence of using the Site’s services. This exclusion of responsibility is
valid for any direct or indirect harm or damage that could be caused or was
caused by using the Site.
Litigation, Other
Any complaint regarding use of
the Site should be sent to mailto:info@oboulo.com within 48 hours in order to be valid.
The parties understand that
any dispute that would arise under or related to this Agreement, if not settled
outside of court, will be governed by Nevada law, without giving effect to its
conflict of laws provisions, and you agree to the exclusive personal
jurisdiction and venue in the state and federal courts of the United States
located in the State of Nevada. Either the Company or you may demand that any
dispute between you and the Company about or involving the Site must be settled
by arbitration utilizing the dispute resolution procedures of the American
Arbitration Association in Nevada, provided that the foregoing shall not
prevent the Company from seeking injunctive relief in a court of competent
jurisdiction.
The United States controls the
export of products and information. You expressly agree to comply with such
restrictions and not to export or re-export any of the Content to countries or
persons prohibited under the export control laws. By downloading the Content,
you are expressly agreeing that you are not in a country where such export is
prohibited or are a person or entity for which such export is prohibited.
This Agreement is accepted
upon your use of the Site and is further affirmed by you becoming a Member.
This Agreement constituted the entire agreement between you and the Company
regarding the use of the Site and its services. The failure of the Company to
exercise or enforce any right or provision to this Agreement shall not operate
as a waiver of such right or provision. The headings in this Agreement are for
convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. if any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and enforceability of any remaining
provisions.
Please contact us at info@oboulo.com
with any questions regarding the Agreement.
I HAVE READ THIS AGREEMENT AND
AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.