These Terms and Conditions constitute a legally binding agreement between you (a Platform customer) and Ooleen with respect to your access to or use of the [ Ooleen.com ] website as well as any other form such as applications or websites that may be affiliated with the Ooleen Platform.
You agree that by accessing the Ooleen Platform, you have read, understood and agree to be bound by all of these Terms of Use.
If you do not agree to all of these Terms of Use, you are expressly prohibited from using the Platform and you must stop using it immediately..
Supplemental terms and conditions or documents which may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will notify you of any changes by updating the “last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to review these Terms and Conditions periodically to stay informed of updates and you will be subject to changes in any of the revised Terms and Conditions by your continued use of the Platform after the date of publication of these revised Terms and Conditions, and you will be deemed to have become aware of and accepted them.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable local laws.
Option 1 : The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register on the Site.
Option 2 : The platform is for users who are at least 13 years old. All minor users (generally under the age of 18) must have permission, and be under direct supervision by a parent or guardian, to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms and Conditions before you use the Site
intellectual property rights
Unless otherwise indicated, the Platform is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Ooleen Platform (collectively the “Content”), trademarks, service marks and logos contained They ('Marks') are owned, controlled or licensed to us, and are protected by copyright, trademark, and various other intellectual property rights, unfair competition laws of Algeria and international conventions
The Content and Marks on the Ooleen platform are provided 'as is for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site nor the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or It has been exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly obtained access solely for your personal, non-commercial use, we reserve all rights not expressly granted to you in the Ooleen Platform and the Content and tags.
User obligations
By using the Ooleen Platform, you represent
and warrant that:
(1) All registration information you submit will be true, accurate, current
and complete
(2) You will maintain the accuracy of such information and promptly update
such registration information as necessary
(3) You have the legal capacity and agree to comply with these terms and
conditions
(4) You are not under 13 years old
(5)You are not a minor under the law of your country [or, if you are a minor,
you have received parental permission to use the Ooleen Platform]
(6) You will not be able to access the Ooleen platform through automated or
non-human means, whether through a bot, script or otherwise
(7) You will not use the Site for any illegal or unauthorized purpose
(8)Your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account and refuse all current or
future use of the Site.
User registration
You may be required to register on the
Ooleen platform, you agree to keep your password confidential and you will be
responsible for all use of your account and password.
We reserve the right to remove, refund or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene or
otherwise objectionable.
Prohibited activities
You may not access or use the Ooleen
Platform for any purpose other than that for which we provide the Ooleen
Platform.
The Site may not be used in connection with any commercial endeavors
except those specifically approved or approved by us.
As a Ooleen user, you
agree not to:
1. Systematically retrieve data or other content from the Ooleen platform to
create or compile, directly or indirectly, a collection, compilation, database or
directory without our written permission.
2. Make any unauthorized use of the Ooleen Platform, including collecting
usernames or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or under
false pretenses.
3. Use a purchasing agent or purchasing agent to make purchases on the
Ooleen platform.
4. Using the Ooleen platform to advertise the sale or
offer of goods or services other than those provided by the platform according to
its purpose.
5. circumvent, disable or otherwise interfere with the security-related
features of the Ooleen Platform, including features that prevent or restrict the
use or copying of any Content or impose restrictions on the use of the Site and/or
the Content contained therein.
6. Engage in unauthorized framing or linking to the Site.
7. Deceive or mislead us or other users, in particular in any attempt to
learn sensitive account information such as user passwords.
8. Inappropriately using our support services or sending false reports of
misconduct.
9. Engage in any automated use of the System, such as using scripts to send
comments or messages, or using any data mining, bots, or similar data gathering and
extraction tools
10. Interfering with, disrupting or creating an undue burden on the Site,
networks or services connected to the Ooleen Platform..
11. Attempting to impersonate another user or person or use the name of
another user.
12. Sell or transfer your profile.
13. Use any information obtained from the Ooleen platform in order to
harass, abuse or harm another person.
14. Use the Ooleen Platform as part of any effort to compete with us or use
the Ooleen Platform or the Content for any revenue-generating endeavor or business
venture.
15. Decompile or reverse engineer any of the software comprising or in any
way part of the Ooleen Platform.
16. Attempt to bypass any Ooleen Platform actions designed to prevent or
limit access to the Ooleen Platform, or any part of it.
17. Harass, intimidate, or threaten any of our employees or agents involved
in providing any part of the Ooleen Platform to you.
18. Delete the copyright or other proprietary rights notice from any
Content.
19. Copy or adapt Ooleen platform software, including but not limited to
Flash, PHP, HTML, JavaScript or other code.
20. Upload or transmit viruses, trojan horses or other material, including
excessive capitalization and spam, which interferes with any party's use and
enjoyment without interrupting the Ooleen Platform or modifies, impairs, disables,
alters or interferes with the use, features or Functions, operation or maintenance
of the Ooleen Platform.
21. Upload or transmit any software or machine that serves as an information
collection or transmission mechanism, including without limitation, clear graphics
interchange formats ('gifs'), 1 x 1 pixel, web bugs, cookies or other devices.
similar (sometimes referred to as “spyware,” “passive aggregation mechanisms,” or
“pcms”).
22. Except as may be the result of the use of a standard search engine or
Internet browser or the use, operation, development or distribution of any automated
system, including without limitation, any robot, cheat or offline reader that
accesses the Site, or Use or run any script or other unauthorized program.
23. disparage, misrepresent or otherwise harm, in our opinion, we and/or the
Ooleen Platform.
24. Use the Ooleen Platform in a manner inconsistent with any applicable
laws or regulations.
Client activity related to the platform:
The Ooleen Platform may invite you to chat, contribute to or participate in blogs, message boards, online forums and other functions, and may provide you with the opportunity to create, submit, publish, display, transmit, perform, publish and distribute, or broadcast content and materials to us or on the Ooleen Platform, including but not limited to but not limited to text, writing, video, audio, photographs, graphics, comments, suggestions, personal information or other materials (collectively, “Contributions”).
Contributions may be viewable by other users
of the Ooleen platform and via third party websites.
As such, any Contributions you submit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you represent
and warrant that:
1. The creation, distribution, transmission, public display, performance,
access, downloading or copying of your Contributions does not infringe the
proprietary rights, including but not limited to copyright, patent, trademark, trade
secret, or moral rights of any party third.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases and permissions to use and authorize us for Ooleen and other
users of Ooleen to use your Contributions in any manner contemplated by Ooleen and
these Terms and Conditions.
3. You have the written consent/permission/permission of each identifiable
individual in your Contributions to use the name or likeness of each identifiable
individual to enable the inclusion and use of your Contributions in any manner
contemplated by the Ooleen Platform and these Terms and Conditions.
4. Your contributions are not false, inaccurate or misleading.
5. Your contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailing or other
forms of solicitation.
6. Your contributions are not obscene, obscene, lewd, filthy, violent,
harassing, defamatory, defamatory or otherwise objectionable (as determined by
us).
7. Your contributions do not ridicule, ridicule, disparage, intimidate or
offend anyone.
8. Your contributions do not advocate the violent overthrow of any government
or incite, encourage or threaten other bodily harm.
9. Your contributions do not violate any applicable law, regulation or rule.
10. Your contributions do not violate the privacy or publicity rights of any
third party.
11. Your contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits persons under the age of 18
in a sexual or violent manner.
12. Your contributions do not violate any law relating to child pornography,
or are intended to protect the health or welfare of minors;
13. Your contributions do not include offensive comments related to race,
national origin, gender, sexual orientation, or physical disability.
14. Your contributions do not infringe or link to material that violates any
provision of these Terms and Conditions or any applicable law or regulation.
Any use of the Ooleen Platform in violation of the foregoing and in violation
of these Terms and Conditions may result in the termination or suspension of
your rights to use the Ooleen Platform.
Contribute to the platform
By posting your Contributions to any part of
the Ooleen Platform [or making the Contributions accessible to the Site by linking
your Ooleen account to any of your social network accounts] you automatically
grant, represent and warrant that you have the right to grant, for us an
unrestricted right , unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully paid, worldwide, license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, return title, archiving, storage,
caching, public performance, public display, reformatting, translation,
transmission, excerpts (in whole or in part), and distribution of such Contributions
(including, but not limited to, your image and sound) for any purpose, commercial,
advertising , or otherwise, prepare derivative works from or combine these
contributions with other works, and to grant and authorize prior sub-licenses. It
may be used and distributed in any media formats and via any media channels.
This license will apply to any form, media or technology now known or hereafter
developed, and includes our use of your name and store name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide.
You waive all moral rights in your Contributions, and
warrant that the moral rights are not otherwise asserted in your Contributions.
We do not assert any ownership over your contributions. You retain full ownership of
all of your Contributions and any intellectual property or other proprietary rights
associated with your Contributions. We are not responsible for any statements or
representations in your contributions that you have made to the Ooleen
platform.
You are solely responsible for your contributions to the Site and
expressly agree to release us from any liability and to refrain from any legal
action against us in connection with your contributions.
We have the right,
in our sole and absolute discretion :
(1) to modify, revise or change any
contributions
(2) to re-categorize any contributions to place them in more appropriate
locations on the Ooleen platform.
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your contributions.
Guidelines for reviews
We may provide areas on the Ooleen platform
for you to leave comments or ratings. When posting a review, you must adhere to the
following criteria:
(1) You must have direct experience with the subject of the review.
(2)
(3) Your comments must not contain offensive language or abusive, racist,
abusive or hateful language.
(4)Your review must not contain references that are discriminatory on the
basis of religion, race, sex, national origin, age, marital status, sexual
orientation, or disability.
(5) Your review must not contain references to illegal activity
(6) You must not be affiliated with competitors if you post negative
reviews.
(7) You should not draw any conclusions about the legality of the act.
(8) You may not organize a campaign to encourage others to post reviews,
whether positive or negative.
We may accept, reject or remove Reviews at our
sole discretion and have no obligation whatsoever to screen or delete Reviews, even
if anyone considers Comments objectionable or inaccurate and Comments are not
endorsed by us, and do not necessarily represent our opinions or the views of any
Our affiliates or partners.
We accept no responsibility for any review or
for any claims, liabilities or losses arising from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, sublicensable right to reproduce, modify, translate, transmit in
any medium, display, perform or distribute all Content related to reviews.
mobile apps
Usage license
If you access the Ooleen Platform via the mobile application, we grant you a limited, revocable, non-exclusive, non-transferable right to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices strictly complies with the Terms and terms of license for this mobile application contained in these Terms and Conditions.
You souldn't
:
(1)Decompiling, reverse engineering, disassembling, attempting to derive or
decompile the source code of the application.
(2) make any modification, adaptation, improvement, improvement, translation
or derivative work of the Application.
(3) you violate any applicable laws, rules or regulations in connection with
your access to or use of the Application.
(4) remove, alter or obscure any proprietary notice (including any copyright
or trademark notice) posted by us or our licensors of the Application.
(5) Use the Application for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it was not designed or intended.
(6) Make the application available over a network or other environment that
allows access or use by multiple devices or users at the same time.
(7) Use the Application to create a product, service or program that directly
or indirectly competes with, or in any way substitutes for, the Application.
(8) Using the application to send automated inquiries to any website or to
send any unsolicited commercial email
(9) use any proprietary information or any of our interfaces or other
intellectual property in designing, developing, manufacturing, licensing or
distributing any applications, extensions or devices for use with the Application;
Apple and Android devices
The following terms apply when using a mobile application obtained from the Apple Store or Google Play to access the Ooleen platform:
(1) The license granted to you for our mobile application is limited to a
non-transferable license to use the Application on a device using the Apple iOS or
Android operating systems, as applicable, and in accordance with the rules of use
set forth in the applicable Application Distributor Terms of Service.
(2) We are responsible for providing any maintenance and support services in
connection with the Mobile Application as defined in the terms and conditions of
this Mobile Application License contained in these Terms and Conditions or as
required by applicable law, and you acknowledge that each Application Distributor
shall not be obligated to Launching any maintenance and support services in
connection with the mobile application.
(3) In the event that the Mobile Application fails to comply with any
applicable warranty, you may notify the applicable Application Distributor, and the
Application Distributor may, in accordance with its terms and policies, refund the
purchase price, if any, paid for the Mobile Application, to the fullest extent
permitted by Applicable law, the distributor of the Application will have no other
warranty obligation whatsoever with respect to the Mobile Application.
(5) You acknowledge and agree that the App Distributors are a third party
beneficiary of the terms and conditions of this Mobile Application License contained
in these Terms and Conditions, and that each App Distributor will have the right
(and will be deemed to have accepted the right) to enforce the terms and conditions
contained in the Application License This mobile phone contained in these Terms and
Conditions is against you as a third party beneficiary thereof.
Social media
As part of the Ooleen platform
functionality, you can link your account to your online accounts with third-party
service providers either by:
(1) Providing your third party account
login information through the Ooleen platform.
(2) allow us to access
your Third Party Account, as permitted under the applicable terms and conditions
governing your use of each Third Party Account.
You represent and warrant that
you have the right to disclose your third-party account login information to us
and/or grant us access to your third-party account, without breach of any of the
terms and conditions governing your use of the applicable. Third Party Account, and
without obligating us to pay any fees or making us subject to any use restrictions
imposed by the Third Party Service Provider for the Third Party Account.
By
granting us access to any third-party accounts, you understand that :
(1) We may access any Content that you have provided and stored in
your third-party account so that it is available on and through the Ooleen platform
through your account, including but not limited to any friend lists.
(2)
We may send and receive additional information from your third-party account to the
extent that you are notified when your account is linked with the third-party
account.
Depending on the third-party accounts you choose and subject to the
privacy settings you have set in the third-party accounts, personally identifiable
information that you post to your third-party accounts may be available on and
through your Ooleen account.
Please note that if a third-party account or
associated service is not available or our access to that third-party account is
terminated by the third-party service provider, the social network content may no
longer be available on and through the Ooleen platform. You will have the ability
to disable the connection between your Ooleen account and your third party accounts
at any time.
Please note that your relationship with third party service
providers linked to your third party accounts is governed solely by your
agreement(s) with such third party service providers.We make no effort to review any
content on the social network for any purpose, including without limitation,
accuracy, legality or non-infringement, and we are not responsible for any content
on the social network.You acknowledge and agree that we may access your email
address book associated with a third party account and your contact list stored on
your mobile device or tablet solely for the purposes of identifying and informing
you of contacts who have also registered to use the Site.
You can deactivate the
connection between the Site and your third party account by contacting us using the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers obtained through this
third-party account, except for the username and profile picture that has become
associated with your account.
Submissions
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information relating to
the Ooleen Platform (“Submissions”) that you provide to us are non-confidential and
will become our sole property. We will own the exclusive rights, including all
intellectual property rights, and may use and publish such submitted material for
any legal purpose, commercial or otherwise, without acknowledgment or compensation
to you.
You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree that there will be no appeal against us
for any alleged or actual infringement or misappropriation of any proprietary right
in your Submissions.
Third-Party Sites and Content
Ooleen Platform may contain links to
other websites (“Third Party Sites”) as well as articles, photographs, text,
graphics, photos, designs, music, audio, video, information, applications, software
and other content or items belonging to or originating from third parties (“Third
Party Content”).
The third-party websites and third-party content are not
investigated, monitored, or checked for accuracy, suitability or completeness by us,
and we are not responsible for any third-party websites accessed through the Ooleen
platform or any third-party content posted on, available through or installed from
the Ooleen Platform, including the content, accuracy, abuse, opinions, reliability,
privacy practices or other policies of or embedded in third-party sites or
third-party content.
Inclusion, linking to, or permitting the use or
installation of any third party websites or any third party content does not imply
approval or endorsement by us. If you decide to leave the Ooleen Platform and
access Third Party Websites or use or install any Third Party Content, you do so at
your own risk, and you should be aware that these Terms and Conditions no longer
govern.
You should review the applicable terms and policies, including privacy
and data collection practices, for any website you transfer from the Ooleen
Platform or in connection with any apps you use or install from the Ooleen
Platform. Any purchases you make via third party websites will be through other
websites and from other companies, and we have no liability whatsoever with respect
to such purchases that are exclusively between you and the relevant third party.
You agree and acknowledge that we do not endorse the products or services offered on
third party websites, and you must protect us from any harm resulting from your
purchase of such products or services. In addition, you must keep us safe from any
loss or damage incurred by you in connection with or in any way resulting from any
Third Party Content or any connection to Third Party Websites.
Ooleen platform management
We reserve the right, but not the
obligation, to:
(1) monitor the Ooleen Platform for violations of these Terms and
Conditions;
(2) take appropriate legal action against anyone, in our sole discretion,
who violates the law or these Terms and Conditions, including without limitation,
reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, deny or limit access,
limit the availability or disable (to the extent technically possible) any of your
Contributions or any part thereof.
(4) at our sole discretion and without limitation, notice or liability, to
remove from the Ooleen Platform or to disable all files and content that are
excessive in size or in any way burdensome to our systems.
(5) administer the Site in a manner designed to protect our rights and
property and to facilitate the proper operation of the Site.
Notice
We respect the intellectual property
rights of others. If you believe that any material available on or through the
Ooleen Platform infringes any copyright that you own or control, please immediately
notify our Designated Copyright Agent using the contact information provided below
(“Notification”).
A copy of your notice will be sent to the person who posted or
stored the material in the notice. You may be liable for damages if you make
material misrepresentations in the notice. Thus, if you are not sure that material
on or linked to the Ooleen platform infringes your copyright, You should first
consider contacting an attorney.
All notifications must include the
following information:
(1) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work allegedly infringed, or if several
of the copyrighted works on the Site are covered by the notification, make a
representative list of such works on the Ooleen platform.
(3) Identification of the material that is claimed to be infringing or the
subject of infringing activity to which it must be removed or access to which is to
be disabled, and information reasonably sufficient to permit us to locate the
material on the Ooleen platform.
(4) Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number and, if any, e-mail address at which the
complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright owner
or its agent.
(6) A statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Counter notice
If you believe that your copyrighted
material has been removed from the Ooleen platform as a result of an error or
misidentification, you may submit a written counter notification to our designated
copyright agent using the contact information provided below (“Counter
Notification”).
To be an effective counter-notice your counter-notice must largely include the
following:
(1) Identification of the materials that were removed or disabled and the
location in which the material appeared before it was removed or disabled.
(2)a statement that you will accept the habeas corpus from the party giving
the notice or the party's agent.
(4) Your name, address and telephone number.
(3)A statement under penalty of perjury that you have a good faith belief
that the material in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled.
(4) Your physical or electronic signature.
If you send us a valid written counter-notice that meets the requirements described
above, we will take back the removed or disabled material, unless we first receive
notice from the party that provided the notice informing us that that party has sued
to prevent you from engaging in infringing activity related to the material in
question. Please note that if you provide materially false information that disabled
or removed content was removed in error or misidentification, you may be liable for
damages, including costs and attorneys' fees. Providing a false counter notification
constitutes perjury.
Copyright Violations
We respect the intellectual property
rights of others. If you believe that any material available on or through the
Ooleen platform infringes any copyright that you own or control, please notify us
immediately using the contact information provided below (“Notice”).
A copy of
your notice will be sent to the person who posted or stored the material in the
notice.
Please be aware that by law, you may be liable for damages if you make
material misrepresentations in the notification, so if you are not sure that
material on or linked to the Ooleen platform infringes your copyright, You
should first consider contacting an attorney.
Duration and termination
These Terms and Conditions shall remain in
full force while you are using the Ooleen Platform, without limiting any other
provision of these Terms and Conditions, we reserve the right to deny access to and
use of the Ooleen Platform (including blocking certain IP addresses) to any person
or for any reasons. or without cause, including without limitation to breach any
representation, warranty or undertaking contained in these Terms and Conditions or
any applicable law or regulation.
We may terminate your use of or participation
in the Ooleen Platform or delete your account and any content or information you
have posted at any time, without notice, in our sole discretion.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your own name, a false name, an alias, or the name of
any third party, even if you are acting on behalf of the third party.
In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation, to seek civil, criminal and
injunctive remedies.
Adjustments and interruptions
We reserve the right to change, modify or
remove the contents of the Ooleen platform at any time or for any reason at our
sole discretion without notice. However, we are under no obligation to update any
information on the Ooleen platform.
We also reserve the right to modify or
discontinue all or part of the Ooleen platform without notice at any time.
We
will not be liable to you or any third party for any modification, price change,
suspension or discontinuance of the Ooleen Platform.
We cannot guarantee that
the Ooleen platform will be available at all times. We may encounter hardware,
software, or other problems or need to perform maintenance related to the Ooleen
platform, resulting in outages, delays, or errors.
We reserve the right to
change, review, update, suspend, discontinue or otherwise modify the Ooleen
Platform at any time or for any reason without notice.
You agree that we shall
have no liability whatsoever for any loss, damage or inconvenience caused by your
inability to access or use the Ooleen Platform during any downtime or
discontinuance of the Ooleen Platform. Nothing in these Terms and Conditions shall
be construed as obligating us to maintain and support the Ooleen Platform or to
provide any corrections, updates or releases in connection therewith.
The law that governs
These Terms and Conditions and your use of the Website shall be governed by and construed in accordance with the laws of the Algeria applicable to agreements entered into and to be implemented entirely within Algeria, without regard to its conflict of law principles.
conflict resolution
Option 1: Any legal action of whatever nature brought by you or us
(collectively, the “Parties” and individually, the “Party”) shall be commenced or
prosecuted in the courts of Algeria, and the parties hereby
agree to waive all defenses Concerning the revocation of the specific and local
jurisdiction of the DZ judiciary.
Option 2: Informal negotiations To expedite resolution and control the cost
of any dispute, controversy or claim relating to these Terms and Conditions (each a
“Dispute” and collectively, “Disputes”) submitted by you or we (individually, a
“Party” and collectively, the “Parties”), the parties agree on the first attempt to
negotiate any Dispute (except for those expressly set forth below) informally for at
least 90 days prior to the commencement of arbitration. These informal negotiations
begin upon written notice from one party to the other.
arbitration
If the parties are unable to resolve the
Dispute through informal negotiations, the Dispute (except for those expressly
excluded below) will be finally and exclusively resolved by binding arbitration. You
understand that without this provision, you will have the right to sue in court and
have a jury trial. Arbitration must be initiated and conducted under the commercial
arbitration rules of an arbitration institution in Algeria.
The
arbitration fee and your share of the arbitrator’s
compensation are subject to the rules of the loser of the dispute who pays the
arbitration fee.
Arbitration can be conducted in person, by submitting
documents, over the phone, or online. The arbitrator will make a written decision,
but does not need to provide a statement of reasons unless requested by either
party.
Except as
provided herein, the parties may litigate in court to compel arbitration, to stay
pending arbitration proceedings, or to confirm, modify, set aside or enter into
judgment on the arbitrator's award.
In the event that the dispute continues in
court instead of arbitration for any reason, the dispute must be initiated or sued
in the courts of Algeria, and the parties hereby agree to,
and waive all defenses relating to lack of jurisdiction.
Adjustments
There may be information on the Ooleen Platform that contains typographical errors, inaccuracies or omissions that may relate to the Ooleen Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Ooleen Platform at any time without prior notice.
Responsibility for using the Ooleen platform
The website is provided on a status and as
available basis. You agree that your use of the Website and our Services will be at
your sole risk. To the fullest extent permitted by law, we disclaim all warranties,
express or implied, with respect to the Ooleen Platform and your use of it,
including, but not limited to, the implied warranties of merchantability, fitness
and fitness. We make no warranties or representations about the accuracy or
completeness of the Ooleen Platform content or the content of any Ooleen-linked
websites and shall have no liability for any
(1) Errors, errors or information
(2) Personal injury or property damage, of any nature, as a result of your
access to and use of the Ooleen Platform
(3) Any unauthorized access to or use of our secure servers and all personal
and financial information stored therein
(4) Any interruption or discontinuation of transmissions to or from the
Ooleen Platform.
(5) Any viruses or the like that may be transferred to or through the Ooleen
platform by any third party.
(6) Any errors or omissions in any content or materials or for any loss or
damage of any kind incurred as a result of the use of any content posted,
transmitted or otherwise provided via the Ooleen Platform.
We do not warrant,
endorse, guarantee or be responsible for any product or service advertised or
offered by a third party through the Ooleen platform or any advertised or
unadvertised website or application or on any advertised website or before it. Be a
party or in any way responsible for monitoring any transaction between you and any
third party product or service provider.
As with purchasing a product or service
through any medium or in any environment, you should use your best judgment and
exercise caution where appropriate.
Limitation of Liability
In no event will we, our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits or losses. or other damages arising from your use of the Ooleen Platform, even if we have been advised of the possibility of such damages.
compensation
You agree to defend, indemnify and hold us
harmless, including our affiliates and subsidiaries, and all of our officers,
agents, partners, and employees, from and against any loss, damage, liability, claim
or demand, including attorneys' fees, fees and litigation expenses, which paid by
any third party due to or arising from:
(1) your contributions
(2) use of the Website;
(3) a breach of these Terms and Conditions;
(4) any breach of your representations and warranties set forth in these
Terms and Conditions;
(5) Your violation of the rights of a third party, including but not limited
to intellectual property rights
(6) any express malicious action towards any other user of the Website with
whom you are connected via the Website. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any claim, action or proceeding subject to this indemnity as soon as
we become aware of it.
User data
We will retain certain data that you
submit to the Ooleen Platform for the purpose of administering the Site, as well as
data relating to your use of the Ooleen Platform. Although we perform regular
routine backups of data, you are solely responsible for all data that you submit or
that relates to any activity you have done using the Ooleen Platform.
You agree
that we will have no liability to you for any loss or damage to any such data, and
you hereby waive any right to take action against us arising from any loss or damage
to such data.
Communications, transactions and electronic signatures
Visiting the Site, sending us emails and
completing online forms constitute electronic communications. You agree to receive
electronic communications, and agree that all agreements, notices, disclosures and
other communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing.
You hereby
consent to the use of electronic signatures, contracts, orders and other records,
and to the electronic delivery of notices, policies and records of transactions
initiated or completed by us or via the Ooleen platform.
You hereby waive any
rights or requirements under any laws, regulations, rules, ordinances or other laws
in any jurisdiction that require an original signature, delivery or retention of
non-electronic records, or for payments or credits by any other electronic means.
Miscellaneous
These Terms and Conditions and any
policies or operating rules posted by us on the Ooleen platform constitute the
entire agreement and understanding between you and us.
Our failure to exercise
or enforce any right or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision.
These Terms and Conditions operate to
the fullest extent permitted by law.
We may assign any or all of our rights and
obligations to others at any time.
We will not be responsible or liable for any
loss, damage, delay or failure to act due to any cause beyond our reasonable
control.
If any provision or part of a provision of these Terms and Conditions
is determined to be unlawful, void or unenforceable, that provision or part of a
provision shall be deemed severable from these Terms and Conditions and shall not
affect the validity and enforceability of any remaining provision of the provisions.
There is no joint venture, partnership, employment or agency relationship
between you and us as a result of these Terms and Conditions or use of the Ooleen
Platform.
You agree that these Terms and Conditions will not be construed
against us by virtue of their wording.
You hereby waive all defenses you may
have based on the electronic form of these Terms and Conditions and the failure of
the Parties to sign this Agreement to enforce these Terms and Conditions.
Contact us
To resolve a Ooleen-related complaint or to receive more information regarding use of the Site, please contact us at: ooleenstores@gmail.com