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Terms of Service

OOGA-MOOGA TERMS OF SERVICE

Thank you for your interest in Ooga-Mooga. These Terms of Service ("Agreement") govern your use of Ooga-Mooga. Please read this Agreement in full before using the Ooga-Mooga service. By clicking "OK" to set up your account or by using the service, you agree to the following terms and conditions. Only individuals who have agreed to the terms and conditions of this Agreement are authorized to access and use the Ooga-Mooga service.

QUALIFICATIONS FOR A SUBSCRIPTION. You must be legally capable to enter into a contract. You must meet the system requirements as disclosed during registration. You must be in good standing at Tiki Central.

ACCESS CHARGES. All payments are final and you will have access until the last day of the subscription terms you paid for. For example: If you subscribed on January 1st and paid for 30 days, cancelling your subscription on the 15th day of January, you will still have access until January 30th. Your account will be suspended after all funds have been depleted.

You are responsible for obtaining and maintaining at your expense all equipment and services needed to access Ooga-Mooga, including all communications, data and Internet access charges.

PROPRIETARY RIGHTS. The Ooga-Mooga software, information, artwork, text, media or pictures (collectively, "Materials") provided on Ooga-Mooga, with the exception of pictures uploaded by Ooga-Mooga members, are owned by Ooga-Mooga or third party suppliers and are protected by U.S. and international copyright laws. You agree that these copyright laws and proprietary interests limit your rights to the Materials. Ownership rights on pictures uploaded to Ooga-Mooga by Ooga-Mooga members are retained by that member, and that member grants Ooga-Mooga rights to display the picture on the Ooga-Mooga website to other members. Text submitted by Ooga-Mooga members to Ooga-Mooga becomes the property of Ooga-Mooga.

USE OF THE SERVICE. Images and other Materials cannot be modified, transferred, copied or distributed to other platforms or devices, including computer hard drives or any other storage medium. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or tamper with any part of Ooga-Mooga, including its security components, special rules or other protection applications for any reason whatsoever. You agree to abide by the rules and policies established from time to time by Ooga-Mooga. Such rules and policies will be applied generally in a nondiscriminatory manner to users of Ooga-Mooga. You further agree that you will not attempt to modify the software or any of the usage rules for any reason whatsoever, including for the purpose of disguising or changing ownership of the Materials. You expressly agree that you will use the Ooga-Mooga service only for lawful purposes and in accordance with this Agreement, and that you will not use the service to violate any law, regulation or ordinance or any right of Ooga-Mooga or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent.

LICENSE. Subject to the terms of this Agreement, Ooga-Mooga provides you with a limited, personal, nonexclusive and nontransferable license to access and use Ooga-Mooga and its software for personal use. You may not sub-license or charge others to use or access Ooga-Mooga. You may not make derivative works from the Ooga-Mooga software or Materials. You may not modify the Ooga-Mooga software or use it in any way not expressly authorized by this Agreement.

DISCLAIMER OF WARRANTY. YOU AGREE THAT YOUR USE OF THE OOGA-MOOGA SERVICE, SOFTWARE AND MATERIALS (collectively, the "INFORMATION") IS AT YOUR OWN RISK. OOGA-MOOGA, MICHELLE WHITING, EMPLOYEES, PARTNERS, AGENTS, REPRESENTATIVES AND THIRD-PARTY SUPPLIERS (collectively, the "OOGA-MOOGA PROVIDERS") PROVIDE THE INFORMATION "AS IS", "WITH ALL FAULT" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. THE OOGA-MOOGA PROVIDERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF ACCURACY, QUALITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE OOGA-MOOGA PROVIDERS MAKE NO WARRANTY (a) THAT THE OOGA-MOOGA SERVICE AND SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, ERRORS OR VIRUSES, (c) THAT ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, (d) THAT YOU WILL BE ABLE TO ACCESS OR USE OOGA-MOOGA AT ALL TIMES OR PLACES, OR (e) AS TO THE RELIABILITY, ACCURACY, QUALITY OR APPROPRIATENESS OF THE MATERIALS AND CONTENT.

LIMITATION OF LIABILITY. THE OOGA-MOOGA PROVIDERS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOST PROFITS OR LOST OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE OOGA-MOOGA PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OOGA-MOOGA AND ITS SUPPLIERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

CHANGES TO THE SERVICE. Ooga-Mooga has the right at any time to change, modify, add to, discontinue or retire the Ooga-Mooga service, or any portion or feature of the service, without notice to you. Should Ooga-Mooga be discontinued or retired, within 7 days you will receive a refund prorated to the amount of time left on your account.

NO SUPPORT. Ooga-Mooga is under no obligation to provide assistance or support for your use of Ooga-Mooga or to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements for Ooga-Mooga.

PRIVACY. Ooga-Mooga does not require you to provide any registration information that would identify you personally to access Ooga-Mooga. However, Ooga-Mooga will collect the IP address that you use to access Ooga-Mooga. Your IP address is a number that is used by computers on the network to identify your computer so that data can be sent to you. Ooga-Mooga servers will automatically collect and store the dates and times that your IP address logs into the service, as well as information about the pages viewed ("Usage Information"). Ooga-Mooga may use aggregate data concerning members' use of Ooga-Mooga in order to determine how its members use different parts of the service, and to improve the features and functionality of the service.

TERMINATION. Ooga-Mooga may terminate, without notice, your access and/or subscription to Ooga-Mooga in the event of a violation of this Agreement. In the event of any termination of this Agreement, the restrictions on your use of the service as set forth herein shall survive such termination, and you agree to be bound by these terms.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, you may notify Ooga-Mooga by emailing Humuhumu at humuhumu@ooga-mooga.com.

Questions? Please contact Humuhumu at humuhumu@ooga-mooga.com.

 

 


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