Terms of use

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General

WELCOME TO OOKOODOO. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW. IF YOU YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE.

These terms and conditions (the “terms”) describe the legal framework regulating your use of Ookoodoo and the Web site located at www.ookoodoo.com (the "Site") belonging to the company Octipas, registered in Montpellier (France) under the company number 524 237 823 and represented by Mister Nicolas Passalacqua.

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Ookoodoo, or its subsidiaries or affiliates, for products, services or otherwise. Your use of this site, will constitute your acceptance of these terms.

Ookoodoo reserve the right to change or modify at any time any of the terms and conditions contained in the site terms or any policy or guideline of the site in its sole discretion. You are free to accept or refuse those changes.

In case of refusal of the new terms and conditions you can simply contact us to notify it and we will delete your account and all its associated content. If you do not agree with those changes you will have to stop using the site. Make sure to frequently review the site terms and conditions to understand the terms and conditions that apply to your use of the site.


User Content

You retain all ownership rights to content you publish on Ookoodoo (" User Content "). Ookoodoo encourages visitors to its web sites, and sites providing the Ookoodoo service, to purchase the works of its community members by displaying thumbnail images of your work/products on these sites.

You grant Ookoodoo the right to reproduce, publish and display, and distribute thumbnail images, without other alteration, of the Users Content solely for the purpose of presenting it on Ookoodoo's web sites, including the web sites of its partners and affiliates, throughout the world.

You grant Ookoodoo and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content.

You represent and warrant that:

a. you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site;

b. the User Content is accurate and not misleading;

c. use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Ookoodoo takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on the Site, or for any loss or damage thereto, nor is Ookoodoo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. Although Ookoodoo has no obligation to screen, edit or monitor any of the Content posted on the Site, Ookoodoo reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.


User Conduct

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that infringes or violates any intellectual property or other rights of any third party or that is defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

c. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or that contains private information of any third party;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Content that, in the sole judgment of Ookoodoo, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Ookoodoo or its users to any harm or liability of any type, including without limitation any viruses, corrupted data or other harmful, disruptive or destructive files; and any link to another Site which is intended to generate revenues from any affiliate or similar program.

g. Any use of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site.


Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Ookoodoo logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Ookoodoo or its licensors or users and are protected by French and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site 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 Site Terms and does not include:

a. any resale or commercial use of the Site or the Site Materials therein;

b. the distribution, public performance or public display of any Site Materials,

c. modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;

d. use of any data mining, robots, scraping or similar data gathering or extraction methods;

e. downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted or intended on the Site; 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 Ookoodoo, 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 Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.


Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Ookoodoo has adopted a policy of terminating, in appropriate circumstances and at Ookoodoo's sole discretion, subscribers or account holders who are deemed to be repeat infringers.

Ookoodoo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Copyright Complaints

If you believe content on Ookoodoo infringes your copyright you can contact our agent for service of notice as set forth below:

Name: Nicolas Passalaqua
Address: Le Liner - 2656 Avenue Georges Frêche - 34470 Pérols - France
Telephone Number: +33 (0)4 67 13 01 29
Facsimile Number: +33 (0)4 67 13 00 10
Email Address: contact@Ookoodoo.com
Please make sure your notice meets the Digital Millennium Copyright Act requirements.


Trademarks

OOKOODOO, the Ookoodoo logo and any other product or service name or slogan contained in the Site are trademarks of Ookoodoo and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ookoodoo or the applicable trademark holder.

You may not use any metatags or any other "hidden text" utilizing "Ookoodoo" or any other name, trademark or product or service name of Ookoodoo without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ookoodoo and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Ookoodoo or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

This limited right may be revoked at any time. You may not use a Ookoodoo logo or other proprietary graphic of Ookoodoo to link to this Site without the express written permission of Ookoodoo. Further, you may not use, frame or utilize framing techniques to enclose any Ookoodoo trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Ookoodoo's express written consent.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Ookoodoo or any third party.

Ookoodoo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Ookoodoo and Ookoodoo is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Ookoodoo provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Ookoodoo of any site or any information contained therein.

When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.


Third Party Content

Ookoodoo may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Ookoodoo does not monitor or have any control over any Third Party Content or third party Web sites. Ookoodoo does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Ookoodoo does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content.

Users use these links and Third Party Content contained therein at their own risk.


Advertisements and Promotions

Ookoodoo may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Ookoodoo, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

Ookoodoo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Ookoodoo advertisers on the Site.


Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Ookoodoo, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Ookoodoo.


Termination

You can cancel your account at any time by contacting Ookoodoo customer service. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Ookoodoo may choose to assume that you intended to terminate your account if you do not access it for more than three months.

Following termination of your account for any reason (including inactivity), at their sole option, Ookoodoo and its licensees may continue or stop publicly displaying some or all of your Content.

Other Rules

You agree to comply with our site rules, including, specifically, the Ookoodoo Privacy Policy, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of Ookoodoo and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Ookoodoo or collect information from it.


DISCLAIMER

THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
OOKOODOO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OOKOODOO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OOKOODOO DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL WORK PROPERTY OR BE CONTINUOUSLY AVAILABLE OR THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OOKOODOO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USE OF THE SITE IS AT YOUR OWN RISK.


Ookoodoo reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Ookoodoo.


Liability Limits

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OOKOODOO, THE SITE, OUR SERVICES OR THIS AGREEMENT.
IN ANY EVENT, BY ACCEPTING THE OOKOODOO TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN €100. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD OOKOODOO LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF OOKOODOO.


Indemnification

You agree to defend, indemnify and hold harmless Ookoodoo, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Ookoodoo and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.


Governing Law / Arbitration

The parties agree that this agreement is governed by French law. Any claim shall be arbitrated by the court of Montpellier (34) France.


General

This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Ookoodoo.


Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances.


We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.