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://en.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 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 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.
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.
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.