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  orkut.com Terms of Service

Welcome to orkut.com, an online personal networking service, operated by orkut.com LLC and its affiliates. By using the orkut.com online personal networking service (the "orkut.com service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

changes to orkut.com and terms and conditions

We reserve the right to modify or terminate the orkut.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

eligibility and registration

You must be 18 years or older to use the orkut.com service. By registering for the orkut.com service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service.

In addition, you must provide true, accurate and complete registration information to be an orkut.com member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

appropriate conduct and content; personal use only

The orkut.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the orkut.com service for any purpose.

You may not use the orkut.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the orkut.com service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

Other examples of illegal or unauthorized uses include, but are not limited to:

modifying, adapting, translating, or reverse engineering any portion of the orkut.com service;
removing any copyright, trademark or other proprietary rights notices contained in or on the orkut.com service;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the orkut.com service;
collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
reformatting or framing any portion of the web pages that are part of the orkut.com service;
 creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
submitting Materials of any third party without such third party's prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by orkut.com;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.


While orkut.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the orkut.com service at your own risk.

orkut.com's proprietary rights

By submitting, posting or displaying any Materials on or through the orkut.com service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials.

orkut.com LLC and its affiliates and licensors own and retain all rights in the orkut.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by orkut.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of orkut.com's proprietary information. "Orkut" and "orkut.com" are trademarks of orkut.com LLC.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

privacy policy Our collection and use of personal information is governed by our Privacy Policy. Click here to review the orkut.com Privacy Policy. You understand and agree that orkut.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of orkut.com, its affiliates or the public.

disclaimer of warranties

orkut.com LLC and its affiliates, licensors, partners, suppliers, consultants and agents ("orkut") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the orkut.com service. Orkut disclaims any and all responsibility and liability for the conduct of any Member.

THE ORKUT.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE ORKUT.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ORKUT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE ORKUT.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

hold harmless and indemnity

You agree to hold harmless and indemnify orkut from and against any third party claim arising from or in any way related to your use of the orkut.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, orkut will provide you with written notice of such claim, suit or action.

limitation of liability

UNDER NO CIRCUMSTANCES WILL ORKUT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE ORKUT.COM SERVICE, WHETHER OR NOT ORKUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ORKUT.COM SERVICE, FROM INABILITY TO USE THE ORKUT.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ORKUT.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL ORKUT BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

term and termination

These Terms of Service will apply to your use of the orkut.com service. You may terminate your membership immediately at any time, for any reason, by sending an email to admin@orkut.com. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the orkut.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

notices Orkut may provide you with notices regarding the orkut.com service or these Terms of Service by regular mail, email, or postings to this Web site.

miscellaneous provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall orkut be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and orkut with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.



copyright information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on orkut.com Service, please read the following information for filing or responding to a notice of infringement.

To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:
  1. Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the image that appears on John Doe's Profile on www.orkut.com/Profile.aspx?uid=123456."
  2. Identify the material that you claim is infringing the material listed in item #1 above.
  3. Provide information reasonably sufficient to permit orkut.com to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit orkut.com to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to our Copyright Agent:
      David Kramer
      650 Page Mill Road
      Palo Alto, CA 94304
The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format:
  1. Identify the specific URLs of material that orkut.com has removed or to which orkut.com has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to orkut.com of the infringement or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  4. Sign the paper.
  5. Send the written communication to our Copyright Agent:
      David Kramer
      650 Page Mill Road
      Palo Alto, CA 94304


 
   


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