2) Sharing Your Content and Information
You own all of the content and information you post on oomphlink, and you can control how it is shared through Profile settings.
1.When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2.We always appreciate your feedback or other suggestions about oomphlink, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep oomphlink safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1.You will not send or otherwise post unauthorized commercial communications (such as spam) on oomphlink.
2.You will not collect users' content or information, or otherwise access oomphlink, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3.You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on oomphlink.
4.You will not upload viruses or other malicious code.
5.You will not solicit login information or access an account belonging to someone else.
6.ou will not bully, intimidate, or harass any user.
7.You will not post content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8.You will not develop or operate third-party applications.
9.You will not offer any contest, giveaway, or sweepstakes ("promotion") on oomphlink without our prior written consent.
10.You will not use oomphlink to do anything unlawful, misleading, malicious, or discriminatory.
11.You will not do anything that could disable, overburden, or impair the proper working of oomphlink, such as a denial of service attack.
12.You will not facilitate or encourage any violations of these Terms.
4) Registration and Account Security
oomphlink users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1.You will not provide any false personal information on oomphlink, or create an account for anyone other than yourself without permission.
2.If we disable your account, you will not create another one without our permission.
3.You will not use your personal profile for your own commercial gain (such as selling your account to an advertiser).
4.You will keep your contact information accurate and up-to-date.
5.You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6.You will not transfer your account to anyone without first getting our written permission.
7.If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5) Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1.You will not post content or take any action on oomphlink that infringes or violates someone else's rights or otherwise violates the law.
2.We can remove any content or information you post on oomphlink if we believe that it violates these Terms.
3.If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4.If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.You will not use our copyrights or trademarks (including oomphlink, the oomplink Logos, images, etc.), or any confusingly similar marks, without our written permission.
7.You will not post anyone's identification documents or sensitive financial information on oomphlink.
1.We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
2.You provide all rights necessary to enable users to sync (including through an application) all of your information that is visible to them on oomphlink.
7) About Advertisements and Other Commercial Content Served or Enhanced by oomphlink
oomphlink is currently advertiser free. If we do offer advertising, our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1.We do not give your content or information to advertisers without your consent.
2.You understand that we may not always identify paid services and communications as such.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of oomphlink to you. We will notify you by e-mail or at the next time you attempt to access your account. You may also delete your account at any time.
1.You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or oomphlink exclusively in a state or federal court located in Oakland County, Michigan. The laws of the State of Michigan will govern these Temrs, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Oakland County, Michigan for the purpose of litigating all such claims.
2.If anyone brings a claim against us related to your actions, content or information on oomphlink, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3.We try to keep oomphlink up, bug-free, and safe, but you use it at your own risk. We are providing oomphlink "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that oomphlink will be safe or secure. oomphlink is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or oomphlink, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or oomphlink will not exceed the greater of one dollar ($1.00). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, oomphlink's liability will be limited to the fullest extent permitted by applicable law.
11) Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provision(s) apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States.
1.By "oomphlink" we mean the features and services we make available, including through (a) our website at www.oomphlink.com and any other oomphlink branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2.By "Platform" we mean a set of APIs and services that enable others, including developers and website operators, to retrieve data from oomphlink or provide data to us.
3.By "information" we mean facts and other information about you, including actions you take.
4.By "content" we mean anything you post on oomphlink that would not be included in the definition of "information."
5.By "data" we mean content and information that third parties can retrieve from oomphlink or provide to oomphlink through Platform.
6.By "post" we mean post on oomphlink or otherwise make available to us.
7.By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8.By "active registered user" we mean a user who has logged into oomphlink at least once in the previous thirty (30) days.
1.These Terms make up the entire agreement between the parties regarding oomphlink, and supersedes any prior agreements.
2.If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
3.If we fail to enforce any of these Terms, it will not be considered a waiver.
4.Any amendment to or waiver of these Terms must be made in writing and signed by us.
5.You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6.All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7.Nothing in these Terms shall prevent us from complying with the law.
8.These Terms do not confer any third party beneficiary rights.
9.You will comply with all applicable laws when using or accessing oomphlink.