Last updated 03/12/2015
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, You agree (on behalf of yourself or the entity that you represent) to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Website or use any services. If these terms and conditions are considered an offer by ōgol, acceptance is expressly limited to these terms. The Website is available only to individuals who are at 18 years of age.
1. Your ogol.com account and website. If You sign up for the Website and create an account on the Website (the "Account"), You are responsible for maintaining the security of the Account, and You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must not describe or assign keywords to the Account in a misleading or unlawful manner, including in a manner intended to infringe in the name or reputation of others, and ōgol may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ōgol liability. You must immediately notify ōgol of any unauthorized uses of the Account or any other breaches of security. ōgol will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Only one (1) user may use each log in email, and if you or your entity require additional log in emails, you must add them as a "Team member" or contact ōgol. You may not use anyone else's account at any time, without the express permission of the account holder.
2. Responsibility of contributors. If You make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes audio files, computer software, graphics and/or text.
By making Content available, You represent and warrant that:
3. Website rules. You agree not to engage in any of the following prohibited activities:
4. Content license. By submitting Content to the Website, You grant ōgol a non-exclusive, royalty-free and world-wide license to copy, edit, modify, publish and reproduce the Content solely for the purpose of displaying, distributing and promoting the Website. If You delete Content, ōgol will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made immediately unavailable.
5. Content removal. Without limiting any of those representations or warranties, ōgol has the right (though not the obligation) to, in ōgol's sole discretion (i) refuse or remove any content that, in ōgol's reasonable opinion, violates any ōgol policy or is in any way harmful or objectionable, or (ii) deny access or terminate to and use of the Website to any entity or individual for any reason. ōgol will have no obligation to provide a refund of any amounts previously paid.
6. Uploaded files. Notwithstanding section 4, you have full ownership to your Content, including without limitation your brand information, company information, files, images, logos, marketing information, social media information, and other documents and materials (your "Files") you upload to your account and we do not claim any ownership to any of it. These terms do not grant us any rights to your Files uploaded to your account except for the limited rights that are needed to run the Website. We may host your Files, or share them with third parties at your direction. This includes product features visible to you, for example, document previews or image thumbnails. It also includes design choices we make to technically administer our Website, for example, how we may backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Website. This permission also extends to trusted third parties we work with to provide the Website. You are solely responsible for your conduct, the content of your Files, and your communications with others while using the Website. It is your responsibility to ensure, and you hereby represent and warrant, that you have the permissions or rights needed to comply with these terms of Website and the right to share, upload and use the Files. You will be fully liable and responsible for what you copy, download, share, upload or otherwise use while operating the Website. You are responsible for maintaining and protecting all of your Files. ōgol has no obligation to backup any of your user submissions, including without limitation your Files. ōgol will not be liable for any loss or corruption of your Files, or for any costs or expenses associated with backing up or restoring any of your items.
7. Subscriptions. This agreement commences immediately when You create your Account. If made available to you by ōgol, you may utilize the Website (or certain portions thereof) for an initial "free trial" term (the "Trial Term"). The Trial Term shall commence on the effective date and continue for a period of time to be determined by ōgol in its sole discretion. During the Trial Term you may use the Website (or certain portions thereof, in ōgol's discretion) at no cost. ōgol reserves the right to terminate any Trial Term at any time immediately upon notice by charging monthly or annual fees for access to and/or use of the Website ("Fees") at which time you may elect to continue to use the Website for so long as you make timely payments to ōgol of any such fees. You agree that Fees will be charged on a prepay basis and will cover the use of the Website for a monthly or annual subscription period as indicated. Fees are not refundable. Unless You notify ōgol before the end of the applicable subscription period that You want to cancel the Account, your Account and subscription and associated Fees will automatically renew and You authorize us to collect the then applicable monthly or annual Fee related to the Account (as well as any taxes) using any credit card or other payment mechanism we have on record for You. You are free to cancel the Account at any time.
8. Responsibility of website visitors. ōgol has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, effects or use. By operating the Website, ōgol does not represent or imply that it endorses the material posted on the Website, or that it believes such material to be accurate, non-harmful or useful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Trojan horses, viruses, worms and other destructive or harmful content. The Website may contain content that is indecent, offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the copying, downloading or use of which is subject to additional terms and conditions, stated or unstated. ōgol disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
9. Feedback. If you provide ōgol with any feedback or suggestions regarding the service or Website ("Feedback"), you hereby assign to ōgol all rights in such Feedback and agree that ōgol shall have the right to use and fully exploit such Feedback and related information in any matter it deems appropriate. ōgol will treat any Feedback you provide to ōgol as non-confidential and non-proprietary. You agree that you will not submit to ōgol any ideas or information that you consider to be confidential or proprietary.
10. Content posted on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the webpages and websites to which ogol.io links, and that link to ogol.io. ōgol does not have any control over those non-ōgol webpages and websites, and is not responsible for their contents or their use. By linking to a non-ōgol webpage or website, ōgol does not imply or represent that it endorses such webpage or website. You are responsible for taking precautions as necessary to protect yourself and your computer from Trojan horses, viruses, worms and other destructive or harmful content. ōgol claims any responsibility for any harm resulting from your use of non-ōgol webpages and websites.
11. Copyright infringement and DMCA policy. It is ōgol's policy to respond to alleged infringement notices that comply with the Digital Millenium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify ōgol's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA agent:
Attn: Copyright Agent ōgol
1043 6th Ave
San Diego, CA 92101
ōgol may at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Intellectual property. This Agreement does not transfer from ōgol to You any ōgol or third party intellectual property, and all interest, right and title in and to such property will remain (as between the parties) solely with ōgol. ōgol, ogol.io, the ōgol logo, and all other trademarks, graphics and logos used in connection with ōgol, or the Website are trademarks or registered trademarks of ōgol. Other trademarks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no license or right to reproduce or otherwise use any ōgol or third party trademarks.
13. Advertisements. ōgol reserves the right to display advertisements on the Website.
14. Attribution. ōgol reserves the right to display attribution links such as 'Powered by ōgol' in your Account footer, be it through an embed on your own website or on ogol.io. Footer credits may not be removed unless agreed to by ōgol.
15. Changes. These terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an email to the email that was used to create your Account and/or by prominently posting notice of the changes on our Website. Any material changes to these terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new user of our services or Website. Please note that at all times your are responsible for updating your information to provide us with your most current email address in any event, changes to these terms may impact our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our services, or Website, following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. ōgol may also, in the future, offer new features and/or services through the Website (including, the release of new resources and tools). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
16. Termination. ōgol may terminate your access to all or any part of the Website at any time, with or without notice, effective immediately. If You wish to terminate this agreement or your ogol.io Account (if You have one), You may email email@example.com to notify us as such. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity, limitations of liability and warranty disclaimers.
17. Disclaimer of warranties. THE WEBSITE IS PROVIDED "AS IS." OGOL AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER OGOL NOR ITS LICENSORS AND SUPPLIERS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
18. Limitation of liability. In no event will ōgol, or its licensors or suppliers, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other equitable or legal theory for:
20. Indemnification. You agree to indemnify and hold harmless ōgol, its contractors and its licensors as well as their respective agents, directors, employees and officers from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
21. Miscellaneous. This Agreement constitutes the entire agreement between ōgol and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized managing member of ōgol, or as set forth herein. Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions that would require the application of the laws of a different jurisdiction, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clark County, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Website, Inc. (JAMS) by three (3) arbitrators appointed in accordance with such rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full effect and force. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ōgol may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their permitted assigns and successors.