Oorkle runs a web site search and notifications service called Oorkle.com and we are very happy you have found us. Our beta version service is free, and in the future, we plan to offer paid upgrades for advanced features. Our service is designed to help you (Intellectual Property professionals) save time planning which events to attend, and making the most of your business trips, as well as encourage you to attend interesting events that are not as easy to find. We all agree the IP world is small, but the world is still a pretty big place!
We, at Oorkle.com, decided to use the below Terms of Service which was available to everyone for free, on the Wordpress.com site. They have made it available to the public for anyone’s use (Thanks Wordpress! You are awesome!). Here’s their TOS which we have modified and adopted. Oorkle was created for our professional community so all of us can benefit and use it. If you flat-out abuse and/or steal our stuff, we will find out. Please respect our site. It was (and is, every day!) a labor of love for us.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Larx-3, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 15 years old.
Your Oorkle.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security and integrity of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Larx-3 may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Larx-3 liability. You must immediately notify Larx-3 via the Oorkle.com contact channels of any unauthorized uses of your account, or any other breaches of security. Larx-3 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Please do not abuse the use of your account or use it to spam others.
Permitted Use. You may use the Oorkle.com to make searches, retrieve, receive email and/or notifications, and view information available on our site. You may also use the Oorkle name or logos and other brand elements that Larx-3 makes available in order to identify the source of the information.
Restricted Use. You may not use the Oorkle.com to substantially replicate products or services offered by Oorkle.com, including the republication of Oorkle.com content or the creation of a separate publishing and/or search platform. If Larx-3 believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Oorkle.com site may be temporarily or permanently revoked, with or without notice.
Responsibility of Website Visitors. Larx-3 has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Larx-3 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions when using the information on Oorkle.com as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Larx-3 endeavors to make sure that the Website does not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website also does not knowingly publish material which violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Larx-3 disclaims any responsibility for any harm resulting from the use by users of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Oorkle.com links, and that link to Oorkle.com. Larx-3 does not have any control over those non-Oorkle websites and webpages, and is not responsible for their contents or their use. By linking to a non-Oorkle website or webpage, Larx-3 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Larx-3 disclaims any responsibility for any harm resulting from your use of non-Oorkle websites and webpages.
Copyright Infringement and DMCA Policy. As Larx-3 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Oorkle.com violates your copyright, you are encouraged to notify Larx-3. Larx-3 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Larx-3 will promptly remove any material, under appropriate circumstances, if it is determined that IP and copyrights or other intellectual property rights of others have been violated.
Intellectual Property. This Agreement does not transfer from Larx-3 to you any Larx-3 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Larx-3. Larx-3, Oorkle.com, the Oorkle.com logo, and all other trademarks, service marks, graphics and logos used in connection with Oorkle.com, or the Website are trademarks or registered trademarks of Larx-3 or Larx-3’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Larx-3 or third-party trademarks.
Advertisements. Larx-3 reserves the right to display advertisements on the website unless you have purchased an Ad-free Upgrade or a VIP Services account.
Attribution. Larx-3 reserves the right to display attribution links, as Larx-3 may deem appropriate. Footer credits and the Oorkle.com toolbar (if any) may not be altered or removed regardless of upgrades purchased.
Changes. Larx-3 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Larx-3 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Larx-3 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Oorkle.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Larx-3 will do its best to provide its users with all the beneficial features of Oorkle.com. However, the Website is provided “as is”. Larx-3 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Larx-3 nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted or that its notifications and/or features advertised or subscribed thereto will work accurately and be error-free.
Limitation of Liability. In no event will Larx-3, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Larx-3 (if any) under this agreement during the twelve (12) month period prior to the cause of action. Larx-3 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Larx-3, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Larx-3 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Larx-3, or by the posting by Larx-3 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by at least three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Larx-3 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.