TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and OgoSport LLC ("OgoSport"), operator of the Website “ogosport.com” (the “Website”).
Your use of the Website and the services provided on it are subject to the terms and conditions of this Agreement, which forms a legally binding contract between OgoSport and You.
OgoSport may amend the terms of this Agreement at any time by providing You with notice of such amendment, and Your continued use of the Website will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits OgoSport’s liability and may substantively affect Your rights.
1. Use of the Website
Permitted Use of the Website - Use of and access to the Website is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without OgoSport’s express written permission.
Not to take any action that imposes, or may impose in OgoSport’s sole discretion, an unreasonable or disproportionately large load on OgoSport’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” the Website’s content within another site or “hotlinking” to any Website content, without the prior express written permission of OgoSport.
To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Website.
Termination of Use - OgoSport may at its sole discretion terminate or limit Your use of the Website for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in OgoSport’s sole opinion adversely impacts the Website or OgoSport’s interests. OgoSport may so terminate or limit Your use of the Website without prior notice to You. If such termination or limitation is for reasonable cause, OgoSport will not be obligated to refund any fees paid by You in connection with the use of the Website or the services provided on it.
2. User Accounts
Access to certain areas of the Website, and content and services contained therein, may require the creation of a User Account having a unique user name and an associated password. You are responsible for securely maintaining your username and password and for all activities of persons accessing the Website using Your User Account
OgoSport may provide services in connection with the Website. OgoSport will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless OgoSport for any damages arising out of Your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.
4. Fees for Content and Services
OgoSport provides via the Website content and services free of charge (“Free Content and Services”). OgoSport may alter the scope of Free Content and Services and/or may discontinue the provision of any of the Free Content and Services at any time. OgoSport will not charge You for any content or services unless You first consent to such charges, and You will not be allowed to access any non-free content or services without first agreeing to the charges associated with such content or services.
5. User Provided Site Content
User Provided Content - OgoSport may publish information provided to it by users of the Website, including without limitation user forums and comments associated with blog entries (“User Provided Content”). OgoSport is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. OgoSport does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless OgoSport for any damages arising out of false or inaccurate User Provided Content.
Alteration and Removal of User Provided Content - OgoSport may alter or remove without prior notice to You any User Provided Content, including without limitation any which in its sole discretion is false, inaccurate or materially misleading or which in its sole discretion is profane or offensive.
Content Provided by You - You hereby grant OgoSport an irrevocable, world-wide, exclusive, perpetual license to any information, material or works that You submit to OgoSport, including without limitation any information, material or works submitted: (i) in connection with any forum hosted by or on behalf of OgoSport; (ii) for publication in any newsletter published by OgoSport; or (iii) in connection with any blog provided or hosted by OgoSport. Without limiting the foregoing, the license grant includes the right in OgoSport to republish the information, materials or works in any form. You are solely liable for the content of any information, material or works that You submit to OgoSport, and agree to indemnify and hold harmless OgoSport for any damages or actions arising out of such information, material or works You submit.
6. Third Party Content
OgoSport may provide content authored by third parties such as commentary, articles, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of OgoSport. OgoSport will not be liable for the truth or accuracy of Third Party Content.
Personal Information - OgoSport may collect personal information from You in connection with Your registration and/or use of the Website. OgoSport will use Your Personal Information only: (i) in connection with the provision of content and services to You; (ii) to maintain a purchase history for you; and (iii) to communicate with You. OgoSport will not share your Personal Information with any third party except under the following circumstances as required by valid legal process or to enforce the terms of this Agreement. Without limiting the foregoing, OgoSport will provide your Personal Information to any successor in interest of the business conducted by OgoSport in connection with the Website or the services provided in connection with the Website.
Aggregate Information - OgoSport may use non-personally identifiable information, including aggregate information, to improve the Website and users’ experiences with the Website, including but not limited to, using such information in connection with website design and testing . OgoSport may use non-personally identifiable information to identify products or services which may be of general interest to users, and may share such information with third parties in connection with advertising, marketing and the like.
Maintenance of Information - OgoSport will make its best efforts to maintain all user information securely. You agree to release and hold harmless OgoSport for any damages arising out of any failure of such efforts.
Email - When placing an order, you agree to receive email communications from us regarding your order. We may also email you various marketing offers every 2-4 weeks throughout the year. You may unsubscribe from these offers at any time using the link at the bottom of each email.
8. OgoSport Intellectual Property
The Website contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Website. “OgoSport”, the OgoSport logo (OgoJoe the OgoLogo), “Copterball”, “Copterdarts”, “Volo”, “OgoBild” and the domain names derived therefrom are trademarks of OgoSport. Website content and layout are copyright OgoSport. The visual appearance of the Website is protected trade dress of OgoSport under 15 U.S.C. § 1125 et seq.
9. Rights Of Intellectual Property Owners
DMCA Compliance - OgoSport respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to OgoSport by postal mail to:
63 Flushing Ave Unit 137
Brooklyn, NY 11205
or by email to:
Notices and Counter Notices - Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringe their intellectual property rights may send notice to OgoSport’s Designated Agent requesting that OgoSport remove Your User Provided Content or other content You provide the Website. Upon receiving a valid request from such an owner, OgoSport will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter notify OgoSport in accordance with 17 U.S.C. § 512.
10. Warranties and Limitations of Liability
OGOSPORT HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.
Limitation on Liability - Without limiting the foregoing, OgoSport shall not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the Website or otherwise, even if OgoSport has been advised of the possibility of such damages, costs or losses. In no event will OgoSport’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
11. Dispute Resolution
Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of New York, and agree not to bring any action against OgoSport in any other jurisdiction. Nothing in this Agreement shall limit the rights of OgoSport to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
12. Miscellaneous Provisions
Entire Agreement - This Agreement embodies the entire agreement between You and OgoSport and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, amendment of any provision by You will be binding unless OgoSport agrees to such modification, deletion or amendment in writing.
No Waiver - No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
Severability - If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest extent permitted by law.
13. Intellectual Property Rights of Ogosport.com and Third Parties
Ogosport.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Ogosport.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Ogosport.com.
Ogosport.com is the owner of the MOD by OgoSport trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Ogosport.com from Institutions and other third parties (the "Licensed Marks"). By using the Ogosport.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Ogosport.com will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Ogosport.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Ogosport.com retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Ogosport.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Ogosport.com production.
You agree to not use Ogosport.com's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.