Terms of Use

OOTU TERMS OF USE

Your use of this website (the “Website”) offered by OOTU, Inc. (“OOTU” or “we” or “us”) is subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”) and the OOTU Privacy Policy. The terms “you” and “user” refer to all individuals and entities that access the Website.

Modifications to the Terms of Use. We may make changes to the Terms of Use from time to time in our sole discretion. We will post a revised version of the Terms of Use that reflects such changes on the Website along with a notice on the Website that the Terms of Use have been revised. Your continued use of the Website following the posting of a revised version of the Terms of Use constitutes your acceptance of any such changes. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the Website.

Information on the Website. Most information on the Website is contributed by users. We do not verify, endorse or vouch for the information available through the Website and we are not responsible for the accuracy, reliability or use of information you receive through the Website. Any information posted to the Website can be viewed by anyone who visits the Website (whether or not such visitors are registered users). OOTU has the right, but not the obligation, to remove any content posted on the Website if such content violates this Terms of Use, may cause liability to OOTU, its affiliates, or licensors, or for any other reason OOTU deems appropriate.

Submitted Content. You hereby grant to OOTU a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify and otherwise use any text, photographs or other data you post or otherwise submit to the Website (collectively, “Submitted Content”). You represent that your Submitted Content: (1) will not infringe any third party's intellectual property or other proprietary rights; (2) will not violate any law or regulation; (3) will not be indecent, obscene or contain any type of pornography; and (4) will not contain any harmful computer programming code such as viruses, Trojan horses, or similar code. Further, you represent that such Submitted Content will not: (a) be intentionally misleading or fraudulent; (b) violate any third party’s rights of publicity or privacy; or (c) be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your Submitted Content.

Registration and Password. You are responsible for maintaining the confidentiality and security of your login information and password. OOTU may revoke your registration and prohibit your use of the Website in its sole discretion if you violate these Terms of Use or any other OOTU policy or take any action that may cause OOTU to incur any liability.

User License; Ownership of the Website. OOTU grants you a non-exclusive license to view the content on the Website and to reproduce a reasonable numbers of copies of the pages on the Website solely for your personal, non-commercial use. Except for the Submitted Content, the Website and all aspects thereof, including all intellectual property rights therein, is owned by OOTU or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain OOTU’s intellectual property and proprietary information. All rights in the Website not expressly granted by OOTU are reserved by OOTU.

Copyrighted Materials. You are responsible for obtaining all rights in Submitted Content that are necessary to post such content on the Website. You are responsible for any violation of copyright laws, trademark laws, laws regarding privacy and publicity, and other civil and criminal laws arising or related to your posting of Submitted Content on the Website. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please visit our Copyright Policy.

User Indemnification Of OOTU. You agree to indemnify and hold OOTU and its officers, directors, employees and agents harmless from any and all losses, liabilities, damages and costs arising from any claims arising from or related to: (a) your use of the Website, including any Submitted Content you post to the Website; (b) your violation of the Terms of Use; and (c) the violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website.

Content And Warranty Disclaimer. THE WEBSITE IS PROVIDED BY OOTU "AS IS." OOTU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. OOTU DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, OOTU DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability. IN NO EVENT WILL OOTU BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OOTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OOTU, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General. The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of California. You shall bring any legal action or proceeding against OOTU related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Santa Clara County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. OOTU's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by OOTU in writing. These Terms of Use, together with the Privacy Policy and the Copyright Policy, constitute the entire agreement between you and OOTU with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

If you would like to request additional information regarding these Terms of Use, please contact us at support@OOTU.net.

Last updated May 5, 2008