1. Introduction
Okimok is a product of Booreiland VOF in Amsterdam, The Netherlands. The term "We" in this statement refers at any employee or affiliate to Booreiland. Your use of the okimok.com site, located at www.okimok.com ("Site") and services ("Services") is subject to certain terms and conditions. The terms and conditions set forth below ("Terms of Service"), as well as the privacy policy set forth below ("Privacy Policy"), apply to your use of any portion of the okimok.com service which includes the web site, iPhone application, or any derivative service based on okimok.com. By accessing and using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and the Privacy Policy referenced below. If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use this Service. We may modify these Terms of Service and the Privacy Policy at any time and such modification will be effective upon posting the updates to the Service. If you have any questions or comments about these Terms of Service, please contact us by email at feedback.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by okimok.com in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that okimok.com will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with okimok.com, or (b) you are a person barred from receiving the Services under the laws of The Netherlands or other countries including the country in which you are resident or from which you use the Services.
3. Language of the Terms
3.1 Where okimok.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with okimok.com.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Your Account
4.1 If you are age sixteen or older, you may access the okimok.com Service. However, until you reach eighteen years old (or the legal age to form a binding contract in the place where you live, if that age is not eighteen), then your use of the okimok.com Service must be under the supervision of your parent or guardian who has agreed to the Terms of Service. If you do not qualify in one of these ways, you may not use the Service.
4.2 Your account may be terminated without warning, if we believe that you are under sixteen years of age.
4.3 okimok.com can refuse registration of, or cancel an account in its discretion, at any time.
4.4 Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify okimok.com of any unauthorized use of your Credentials.
4.5. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. If you believe that a username has been taken in a way that your intellectual property rights have been otherwise violated, please contact okimok.com through abuse. Provide us in your contact with the same information required for copyright infringement.
4.6 Violation of any item in our agreements will result in the termination of your okimok.com account. Although okimok.com intends to warn users before termination of accounts, okimok is not obliged to do so.
4.7 If you become aware of any unauthorized use of your password or of your account, you agree to notify okimok.com immediately at abuse.
5. Code of Conduct
5.1 Any post or text or audiovisual information uploaded to any part of the okimok.com Service is regarded as ("Content"). okimok.com has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the okimok.com Service. okimok.com also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content.
5.2 okimok.com will use common sense and business sense regarding allowable Content on the okimok.com Service. Examples of unacceptable Content or behavior on the okimok.com Service include
(a) abuse, harassment, threats, flaming or intimidation of any person or organization
(b) engaging in or contributing to any illegal activity or activity that violates others' rights
(c) use of derogatory, discriminatory or excessively graphic language
(d) providing information that is false, misleading or inaccurate
(e) hacking or modifying the okimok.com Service or another Web site to falsely imply an association with okimok.com
(f) implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
(g) transmitting worms, viruses, harmful software any code of a destructive nature
(h) sending unwanted messages to other users (aka Spam) or the okimok.com admin team
(i) disclosing personal or proprietary information of another person or organization
(j) advertisements for any profit or non-profit organization without explicit persmission from okimok.com.
5.3 okimok.com cannot and need not control all Content posted by third parties to the okimok.com Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the okimok.com Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will okimok.com be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5.4 okimok.com or any of its affiliates is allowed to prescan any content on possible unacceptable behavior like mentioned above before the pictures are presented on the okimok.com web site.
5.5 If you would like to report objectionable materials, you may use the flagging feature by clicking the contact us link under Legal at the bottom of the web site or or email us directly at abuse.
6. Privacy and your personal information
6.1 For information about okimok.com data protection practices, please read okimok.com privacy policy at http://www.okimok.com/page/privacy. This policy explains how okimok.com treats your personal information, and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with okimok.com privacy policies.
6.3 You agree with the vision of okimok.com that all your uploaded photos and non secret user information is publicly available.
7. Service access and intellectual property
7.1 Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you, other than viewing of the Content on the okimok.com Service and use of the Content through such application programming interfaces ("API's") as okimok.com may make available. You do not have any rights to the okimok.com Service that have not been granted to you expressly.
7.2 In its current state, the Service for uploading photos is exclusively accessible by the Booreiland made iPhone application called okimok. Any attempt to access the okimok service is prohibited withour the explicit permission of Booreiland. okimok.com has not released APIs yet, but these Terms of Service will be updated when the APIs are available.
7.3 By way of example only, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the okimok.com Service, and you do not have the right to index or aggregate any portion of the okimok.com Service (either by hand or by means of a robot, spider, or other device).
7.4 Booreiland owns the okimok.com Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the okimok.com Service, and the combination of all the elements on the okimok.com Service. The okimok.com Service as a whole, the computer code of the okimok.com Service, the user interface and graphic elements are all copyrighted works of Booreiland.
7.5 You must not modify, adapt or hack okimok.com or modify another website so as to falsely imply that it is associated with okimok.com.
8. Content, Copyright and Intellectual Property
8.1 We claim no intellectual property rights over the material you provide to the okimok.com service. Your profile and materials uploaded remain yours. If you post your own text, images or other audiovisual information on the okimok.com Service, that Content still belongs to you, and you can use it in any other way without restriction. Content posted by another person or company belongs to the poster, and you can only use that Content in the ways described in these Terms of Service.
8.2 In order to operate the okimok.com Service, okimok.com needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the okimok.com Service, you agree to grant okimok.com an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, transferable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the okimok.com Service and on services affiliated with okimok.com as well as external promotional locations both online and offline regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content to the okimok.com Service, then you hereby represent and warrant that you have the right to post that Content and to grant the above rights to okimok.com.
8.3. okimok.com undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
(a) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
(b) A description of the copyrighted work claimed to have been infringed;
(c) A description of the infringing material and information reasonably sufficient to permit okimok.com to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
8.4 Claims can be sent to abuse or Booreiland, Wilgenweg 22E, 1031 HV Amsterdam, The Netherlands.
9. Advertisements
9.1 The okimok.com Service is provided for personal use only. Any form of advertisement, promotion or information on business either profit or non-profit is not allowed without explicit permission from Booreiland. For information on advertisement on the okimok.com Site or any of its Services, please contact us at info‚
9.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Okimok, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Okimok shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Okimok.
10. Software updates
10.1 The Software which you use for the okimok.com Service may require download and install updates from time to time from the iTunes Store. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit okimok.com to deliver these to you) as part of your use of the Services.
10.2 You permit that if you do not update the Software required to use the okimok.com Service, the service may be distorted, even brought down or your account may be removed.
11. Advertisements
11.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
11.2 The manner, mode and extent of advertising by okimok.com on the Services are subject to change without specific notice to you.
11.3 In consideration for okimok.com granting you access to and use of the Services, you agree that okimok.com may place such advertising on the Services.
12. Ending your relationship with okimok.com
12.1 The Terms will continue to apply until terminated by either you or okimok.com as set out below.
12.2 If you want to terminate your legal agreement with okimok.com, you may do so by (a) notifying okimok.com at any time and (b) closing your accounts for all of the Services which you use, where okimok.com has made this option available to you. Your notice should be sent, in writing, to: Booreiland, Wilgenweg 22E, 1031 HV Amsterdam, The Netherlands.
12.3 okimok.com may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) okimok.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom okimok.com offered the Services to you has terminated its relationship with okimok.com or ceased to offer the Services to you; or
(d) okimok.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by okimok.com is, in okimok.com opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect okimok.com rights regarding provision of Services under Section 5 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and okimok.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions in this agreement shall continue to apply to such rights, obligations and liabilities.
13. Exclusion of warranties
13.1 Nothing in these terms, shall exclude or limit okimok.com warranty or liability for losses which may not be lawfully excluded or limited by applicable law. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
13.3 In particular, Booreiland, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
13.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
13.5 No advice or information, whether oral or written, obtained by you from okimok.com or through or from the services shall create any warranty not expressly stated in the terms.
13.6 okimok.com further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
14. Limitation of liability
14.1 Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that okimok.com, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which okimok.com may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) your failure to provide okimok.com with accurate account information;
(iv) your failure to keep your password or account details secure and confidential.
14.2 The limitations on okimok.com liability to you in paragraph 15.1 above shall apply whether or not okimok.com has been advised of or should have been aware of the possibility of any such losses arising.
