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Terms of Use Agreement - Oboolo.com

Acceptance of the Terms of Use

Welcome to the Oboolo.com, the web site of Oboolo.com, Inc., a Nevada corporation (the "Company"), accessible at www.oboolo.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 Oboolo.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 Oboolo.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 oboolo.com Site. You agree to be bound to any changes to this Agreement when you use the oboolo.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 oboolo.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 and for such Member to pay for the Document. The price for the Document will be communicated to the Member before he is able to download the Document. If the Member agrees to buy the Document, he or she clicks on the "Buy Now" button through which he or she is able to access the Document download. Clicking on the Buy Now button obliges the Member to pay for the Document. Please note that the prices indicated against the Documents are subject to currency exchange fluctuations and prices for the same Document may change depending on the exchange rate that the Company applies at the time the Member accesses the Document.

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 Oboolo 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.

Responsibility

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.