Legal

Welcome

These Terms of Service (aka Terms of Use) are a contract between you and OOOii (“Company”). By using the Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”) without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not agree to or intend to be legally bound by these Terms of Service or any part thereof, please do not access or use the Site.

Modifications to this Agreement

Company reserves the right, in its sole discretion to change, modify or otherwise alter these Terms of Service and to make changes to any of the products or technology described in the Site at any time without notice or liability. You can find the most recent version of the Terms of Service on the current page at: http://www.oooii.us/legal.html.

Intellectual property notifications

Unless otherwise noted, all Company information, including but not limited to: articles, data, images, video or film footage, screens, text, web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of Company, its parent, subsidiaries and/or affiliates, or appear under the exclusive permission and/or license of third parties:

A. All information, products, services and software contained on or used in the Site (hereinafter included in the definition of "Content") is Copyright 2010 by Company. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by Company unless otherwise noted.

B. The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Company or others.

C. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by Company.

D. Company owns or uses by permission all software contained on the Site, including without limitation all HTML code Company controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. Company will seek and support prosecuting violators to the maximum extent possible.

E. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

Your indemnity obligation

You agree to indemnify, defend, and hold harmless Company and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

Your communication with us

Company will not treat as confidential any communications you send to us by electronic mail or otherwise. Company has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.

Company does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Company therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. If you do send us unsolicited proposals, then do so with the understanding that Company may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. Company may do so free of any obligation to compensate you for that use.

Comparison monitoring of written communication or telephone conversations with the Company.

The Site may provide you with the Company email, postal mail address or telephone number. For quality assurance purposes, Company may monitor, record, and/or transcribe the contents of these communications. By contacting Company, you agree that the communication may be monitored, recorded, and/or transcribed and you consent to the monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.

Impermissible Acts.

As a condition to your use of the Site, you agree not to Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:

A. Upload, post, email, transmit, distribute, disseminate, publish or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, degrades, embarrasses, harasses, humiliates, intimidates, threatens any individual or group of individuals or promotes bigotry, racism, hatred for harm against any individual or group on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.

B. Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.

C. Modify, adapt or hack the Site or falsely imply that some other site is associated with the Site or Company or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

D. Download or upload, post, email, transmit or otherwise make available any material or files that may damage the operation of another's computer, such as computer viruses, corrupt files, software viruses or similar software that contains any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

E. Interfere with or disrupt the Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

F. Upload, download post, email, transmit or otherwise make available any information, materials, files or other content that contain materials, including but not limited to software that violate the intellectual property, privacy, infringes another’s rights, including any intellectual property rights or publicity rights of others unless you own, control, or have been authorized to exercise such rights.

G. Misrepresent or omit the origin or source of any file you download or upload.

H. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.

I. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.

J. Engage in the following commercial purposes including but not limited to: 1. Conducting contests or surveys. 2. Upload, post, email, transmit or otherwise distribute or chain letters, or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” Ponzi scheme or any other form of solicitation; 3. Offering to sell any business opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.

K. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to Company or any of their affiliates.

L. Use the Site or Services for any illegal or unauthorized purpose, including but not limited to downloading or uploading files that you know, or reasonably should know, cannot be legally distributed through the Site. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws) irregardless of the fact that this Agreement is executed under California law.

M. Upload, download, or otherwise export or re-export software from the Site.

N. Reproduce, duplicate, copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site or exploit any other portion of the Site.

O. Monitor or copy any Content by using any manual or automated process or software devices, or other processes to: reverse engineer, decompile or disassemble any of the software used to provide the Site, or “crawl,” “spider” or “screen scrape” any web pages contained in the Site with robots or other automatic devices.

P. Act as an agent or attorney in fact for any person who is not: 1. A member of your immediate household; or 2. Your direct supervisor at your place of employment.

Q. Engage in any other conduct that is, or that Company deems to be, in conflict with this Agreement. Company forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.

Links to other sites and to the Site.

The Site may provide hyperlinks or references to other sites. While Company endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Company provides (or may provide) any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.

Feedback

In the course of using the Site, you may provide Company with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Site (collectively “Feedback”). You hereby grant Company a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Violation of these Terms of Service

Company reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service.

Disclaimer of Warranties

The services and all materials and information included on the Site or regarding the Service (the “Content”) may contain inaccuracies and/or typographical errors. Company may alter, change or improve the Content at any time and without notice. Company makes not representations or warranties as to the Content’s completeness or accuracy, and makes no commitment to update the Content. Company makes no representations about the Content’s suitability for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF COMPANY SERVICES. COMPANY DOES NOT WARRANT THAT THEIR SERVICES WILL (i) MEET YOUR SPECIFIC REQUIREMENTS, (ii) BE, TIMELY, SECURE OR ERROR-FREE, AND (iii) ANY ERRORS IN THE SITE WILL BE CORRECTED. COMPANY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

Without limiting the foregoing, Company neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Company shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or Services or due to your downloading any audio, data, images, materials, pictures, text or video from the Site or Services. A reference to goods, products, and/or services without limiting their scope does not imply that Company offers or intends to offer those goods, products, and/or services to all clients.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, and shall be deemed to be made and entered into in Los Angeles, California irregardless of and without giving effect to its conflict of laws provisions or your actual state or country of residence. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the State or Federal courts within Los Angeles, California. You agree and understand that you will not bring against Company, its parent, or any of its affiliated entities, agents, directors, employees and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

Any failure of Company to assert any rights it may have under these Terms of Service does not constitute a waiver of Company’s right to assert the same or any other right at any other time or against any other person or entity. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Company. Questions about the Terms of Service should be addressed to Kent Demaine at: info@oooii.us or by mail at: 1604 Cahuenga Blvd., Hollywood, CA 90028.