Terms of Use Agreement

Terms Updated: April 19th, 2009

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. BY VISITING THE WEBSITE OR USING ANY SERVICES OFFERED BY OOGLIEBOOGLIE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.

OoglieBooglie, Inc. and its subsidiaries and affiliates (collectively “OoglieBooglie”, “We” “Us” or “Our”) operates OoglieBooglie.com, a community networking, member submitted design competition, T shirt sales service. By using and/or visiting oogliebooglie.com (the "Website"), you (the "User" or “You”) signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of OoglieBooglie. OoglieBooglie may modify this Agreement from time to time and such modification shall be effective upon posting on the OoglieBooglie Website. Your continued use or access of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. These Terms of Use apply to all users of the Website, including those who provide or contribute ideas, information or other materials or services on the Website. The Website may contain links to third party sites that are not owned or controlled by OoglieBooglie and over which OoglieBooglie has no control, and therefore assumes no responsibility for, content, policies or practices. By accessing or using the Website, you release OoglieBooglie from any and all liability arising from your use of third party websites.

Please choose carefully the information you post on or through OoglieBooglie and that you provide to other Users. Your OoglieBooglie profile may not include any form of Prohibited Content. Despite this prohibition, information, materials, products or services provided by other OoglieBooglie Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and OoglieBooglie assumes no responsibility or liability for this material. If you become aware of misuse of the OoglieBooglie by any person, please click on the "Contact OoglieBooglie” or “Flag” the content as such. OoglieBooglie reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages), or to deny, restrict, suspend, or terminate your access to all or any part of OoglieBooglie at any time, for any or no reason, with or without prior notice or explanation, and without liability. OoglieBooglie expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if OoglieBooglie determines, in its sole discretion, that you have violated this Agreement or pose a threat to OoglieBooglie and/or its Users.

1. Eligibility. Use of the Website and registration to be a Member (“Membership”) is void where prohibited. By accessing or using the Website, you represent and warrant that; (a) you are 13 years of age or older and your use of the Website does not violate any applicable law or regulation; (b) your use of the Website is solely for your personal, noncommercial use; (c) you will not copy or distribute any part of the Website in any medium; (d) you will comply with the terms and conditions of these Terms of Use. By registering to be a Member of OoglieBooglie, you represent that you are of legal age to form a binding contract. OoglieBooglie may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect in its entirety.

2. Account Registration Data Accuracy. In consideration of your use of the Website, you agree to; (a) provide current, complete and accurate information as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to OoglieBooglie, to keep it current, complete and accurate; (c) maintain the security of your password and identification; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) not to use the account, username, or password of another Member at any time or to disclose your password to any third party; (f) notify OoglieBooglie immediately if you suspect any unauthorized use of your account or access to your password. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

3. Proprietary and Intellectual Property Rights. All content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), and the trademarks, service marks and logos contained herein (“Marks”), are the proprietary property of OoglieBooglie, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without OoglieBooglies prior written permission, except that the foregoing does not apply to your own User Submitted Content (as defined in section 5) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of OoglieBooglie, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes and international conventions. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights and OoglieBooglie reserves all rights not expressly granted in and to the Website and the Content contained therein. This license is revocable at any time without notice and with or without cause.

4. Trademarks. OoglieBooglie, The OoglieBooglie Mascot/Character and other company logos, graphics, designs, artwork, page designs, buttons, icons and verbiage are trademarks or trade dress of OoglieBooglie. These items may not be used in part or in whole in any trademarks, domain names, clothing, print or in conjunction with any product or service or copied, or imitated without prior written permission of OoglieBooglie.

5. User Submitted Content. There are essentially two forms of User Submitted Content; (a) Basic User Submitted Content (“Basic User Content”) and (b) Competition Submitted Content (“Competition Content”) All forms of User Submitted Content are subject to these Terms of Use. Competition Content is additionally subject to the Terms and Conditions for Competition Content.

All User Submitted Content. OoglieBooglie may reject, refuse to post or delete any User Submitted Content for any or no reason, including User Submitted Content that in the sole judgment of OoglieBooglie violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. OoglieBooglie assumes no responsibility for monitoring the Website for inappropriate User Submitted Content or conduct. If at any time OoglieBooglie chooses, in its sole discretion, to monitor the Website, OoglieBooglie nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Website, and any material or information that you transmit to other Members and for your interactions with other Users. All User Submitted Content posted to the Website are the sole responsibility of the person who originally posted the User Submitted Content, and your sole recourse for any damage you may suffer as a result of User Submitted Content shall be to such individual.

a. Basic User Content. Basic User Content refers to all content submitted for purposes other than competition, including but not limited to blogs, avatars, messages, notes or emails placed through or posted to the Website. Basic User Content should not be confused with Competition Content and Competition Content is subject to entirely different rules and regulations as described in these Terms of Use and the Terms and Conditions for Competition Content.

By displaying or publishing (“Posting”) Basic User Content to the Website, you authorize Us to make such modifications or adjustments as we deem necessary in order to facilitate the Posting and storage of the Basic User Content on the Website. By Posting Basic User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to OoglieBooglie an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Basic User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Basic User Content, and to grant and authorize sublicenses of the foregoing. You may remove your Basic User Content from the Site at any time. If you choose to remove your Basic User Content, the license granted above will automatically expire, however you acknowledge that OoglieBooglie may retain archived copies of your Basic User Content. OoglieBooglie does not claim any ownership rights to Basic User Content that you post on or through the Website; rather, as between Us and You, subject to the rights granted to Us in these Terms, you retain full ownership of all of your Basic User Content and any intellectual property rights or other proprietary rights associated with your Basic User Content. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Basic User Content posted by you on or through the Website.

b. Competition Content. Competition Content refers to all content submitted, uploaded or posted on the website for competition purposes. The nature of the business performed by OoglieBooglie requires Members to create unique designs for submission into competitions. OoglieBooglie, at its sole discretion, chooses winners in these competitions. These winners are paid predetermined and agreed upon amounts per competition guidelines posted elsewhere on the Website. All User Submitted Content submitted for the purpose of participating in these competitions is considered Competition Content and is therefore subject to the Terms and Conditions for Competition Content in addition to these Terms of Use. Refer to the Terms and Conditions for Competition Content for additional information.

6. Copyright Infringement. OoglieBooglie respects the intellectual property rights of others and prohibits users or members from uploading, displaying, posting or otherwise transmitting on the Website any material or information that violates another parties intellectual property rights. If you suspect any material on the Website infringes upon any copyright which you own or control send written communication to our designated agent at;

OoglieBooglie, Inc.
C/O Copyright Infringement
4412 Bowden Ave.
Virginia Beach, VA 23455
Phone; 757-748-5890
infringement@oogliebooglie.com

7. User and Member Rules of Conduct. You represent, warrant and agree that you will adhere to all Rules of Conduct in your use and access of the Website and that no information or materials of any kind submitted, displayed, posted or otherwise shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal, intellectual or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and that this applies to all your submissions to the Website, including but not limited to blogs, discussion groups, forums, emails, profiles, comments or any other form of submission or interaction you have on the Website. You further attest that your use and access to the Website is available for personal, noncommercial purposes only.

You further agree not to use the Website:

• to post, upload, transmit share or otherwise make available any material or content that is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or harasses or advocates harassment of another group or individual or that may otherwise be deemed threatening, harmful, unlawful, offensive, vulgar, obscene, sexually explicit, libelous, infringing or abusive;
• to solicit personal information from anyone under the age of 18;
• to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
• to promote or engage in commercial activities and/or sales without prior written consent from OoglieBooglie.
• to harvest or collect email addresses or other contact information from the Website for the purpose of transmitting or sending "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• to provide false information, impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your age;
• to post any image of another person without that person's consent;
• to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• to use or attempt to use another persons account, user name or password;
• to transmit any chain letters or junk email to other Members;
• to circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Website;
• to engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• to violate any applicable laws or regulations;
• in any manner that could damage, disable, overburden or impair the Site;
• to display an unauthorized commercial advertisement;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• to register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

8. User Disputes. Users and members are solely responsible for their actions and interactions on the Website. We reserve the right, but have no obligation to, monitor disputes amongst users or members.

9. Privacy. OoglieBooglie cares about the privacy of its users and members. Please view our Privacy Policy for more information. By accessing or using the Website you are consenting to have your personal information maintained and managed in the United Sates.

10. DISCLAIMERS. ALL YOUR ACTIONS AND INTERACTIONS WITH THE WEBSITE ARE DONE SO AT YOUR OWN RISK. OOGLIEBOOGLIE ASSUMES NO RISK AND YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU SHALL INDEMNIFY AND HOLD HARMLESS OOGLIEBOOGLIE, INC., OOGLIEBOOGLIE.COM, ANY AGENT, OWNER, OFFICER, DIRECTOR, EMPLOYEE, AFFILIATE, AND SUBSIDIARY. OOGLIEBOOGLIE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR ANY USE OF THE WEBSITE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON THE WEBSITE, WHETHER POSTED OR CAUSED BY USERS OR MEMBERS OF THE SITE, BY OOGLIEBOOGLIE, BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE. ALTHOUGH OOGLIEBOOGLIE PROVIDES SPECIFIC RULES OF CONDUCT FOR USERS AND MEMBERS OF THE WEBSITE IT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE WEBSITE. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR INFORMATION OR CONTENT POSTED DISPLAYED OR OTHERWISE TRANSMITTED OR SHARED ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR OBSCENE, OFFENSIVE, INAPPROPRIATE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE WEBSITE. USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF OOGLIEBOOGLIE. MEMBER PROFILES CREATED AND POSTED ON THE WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES. OOGLIEBOOGLIE IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY OOGLIEBOOGLIE. INCLUSION OF ANY LINKED WEBSITE ON OOGLIEBOOGLIE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY OOGLIEBOOGLIE. WHEN YOU ACCESS THESE THIRD PARTY SITES, YOU DO SO AT YOUR OWN RISK.

THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THE WEBSITE IS PROVIDED “AS-IS” AND OOGLIEBOOGLIE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS OR INFORMATION. OOGLIEBOOGLIE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE OR CONSEQUENCE. UNDER NO CIRCUMSTANCES WILL THE OOGLIEBOOGLIE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. OOGLIEBOOGLIE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. OOGLIEBOOGLIE DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OOGLIEBOOGLIE RECOMMENDS USERS AND MEMBERS UTILIZE AND KEEP CURRENT INDUSTRY-RECOGNIZED SOFTWARE FOR THE DETECTION OF AND PROTECTION FROM VIRUSES, MALWARE AND OTHER MALICIOUS INTRUSIONS. WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOUR INTERACTION WITH AND USE OF THE WEBSITE IS SOLELY AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES, LOSSES OR OTHER HARM OF ANY KIND.

11. Limitation on Liability. IN NO EVENT WILL OOGLIEBOOGLIE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF OOGLIEBOOGLIE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OOGLIEBOOGLIE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OOGLIEBOOGLIE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OOGLIEBOOGLIE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY AGREE THAT OOGLIEBOOGLIE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR CONTENT OR FOR ANY DEFAMATORY, ABUSIVE, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT ANY AND ALL RISK TO YOU OF HARM OR DAMAGE FROM USE OF THE WEBSITE RESTS ENTIRELY WITH YOU.

12. Disputes, Governing Law, Venue and Jurisdiction. These terms of use and any other contractual or legal issues between you and OoglieBooglie shall be interpreted under, governed by, and construed under the laws of the Commonwealth of Virginia, without regard to conflict of law principles. You stipulate and agree that any and all claims, disputes, controversies, lawsuits or actions arising out of your relationship with OoglieBooglie shall be adjudicated exclusively in the Circuit Court of the City of Virginia Beach, Virginia, which court shall have the exclusive jurisdiction and venue for any such actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such court with respect to such claims.

13. Indemnity. You agree to defend, indemnify and hold OoglieBooglie, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Website.

14. Other. These Terms of Use are accepted upon your use of the OoglieBooglie Website and is further affirmed by you becoming a Member. These terms of use supersede any prior agreements between you and OoglieBooglie relating to your use of the Website. The failure of OoglieBooglie to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.