Terms of Service

This TOS document pertains to services rendered and connected to oogy.club.

Last Updated

January 20, 2025

Privacy Policy

What information does Oogy collect?

Basic account information: If you register on this server, you will be asked to enter a username, an email address, and a password. You may also enter additional profile information such as a display name and biography, and upload a profile picture and header image. The username, display name, biography, profile picture, and header image are always listed publicly.
Posts, following, and other public information: The list of people you follow is listed publicly and the same is true for your followers. When you submit a message, the date and time is stored as well as the application from which you submitted the message. Messages may contain media attachments such as pictures and videos. Public and unlisted posts are available publicly. When you feature a post on your profile, that is also publicly available information. Your posts are delivered to your followers, and in some cases that means that they are delivered to different servers and copies of your posts are stored there. When you delete posts, these changes are likewise reflected to your followers. The action of red logging or favoriting another post is always public.
Direct and followers-only posts: All posts are stored and processed on the server. Followers-only posts are delivered to your followers and users who are mentioned in them, and direct posts are delivered only to users mentioned in them. In some cases it means they are delivered to different servers and copies are stored there. Oogy makes a good faith effort to limit the access to those posts to only those who are authorized, but other servers may fail to do so. Therefore, it’s important to review the severs to which your followers belong. YOu may toggle an option to approve and reject new followers manually in your settings. Please keep in mind that the operators of this instance and any receiving server may view such messages, and that recipients may screenshot, copy, or otherwise re-share them. Do not share any sensitive information over Mastodon.
IPs and other metadata: When you log in, we record the IP address from which you log in, as well as the name of your browser application. All the login sessions are available for your review and revocation in the settings. The latest IP address used is stored for up to 12 months. We may also retain server logs which include the IP address of every request to our server.

For what do we use your information?

Any of the information we collect from you may be used in the following ways:

To provide the core functionality of Mastodon. You can only interact with other people’s content and post your own content when you are logged in. For example, you may follow other people to view their combined posts in your own personalized home timeline.
To aid moderation of the community. For example, comparing your IP address with other known addresses to determine ban evasion or other violations.
The email address you provide may be used to used you information, notifications about other people interacting with your content or sending you messages, and to respond to inquiries, and/or other requests or questions.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. Among other things, your browser session, as well as the traffic between your applications and the API, are secured with SSL, and your password is hashed using a strong one-way algorithm. You may enable two-factor authentication (2FA) to further secure access to your account.

What is our data retention policy?

We will make a good faith effort to:

Retain server logs containing the IP address of all requests to this server, in so far as such logs are kept, no more than 90 days.
Retain the IP addresses associated with registered users no more than 12 months.
You can request and download an archive of your content, including your posts, media attachments, profile picture, and header image.

You may irreversibly delete your account at any time.

Does oogy.club use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow). These cookies enable the site to recognize your browser and, if you have a registered account, associate it with your registered account.

We use cookies to understand and save your preferences for future visits.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety.

Your public content may be downloaded by other servers in the network. Your public and followers-only posts are delivered to the servers where your followers reside, and direct messages are delivered to the servers of the recipients, in so far as those followers or recipients reside on a different server than this.

When you authorize an application to use your account, depending on the scope of permissions you approve, it may access your public profile information, your following list, your followers, your lists, all your posts, and your favorites. Applications can never access your email address or password.

Site usage by children

Our site, product, and services are all directed to people who are at least 16 years of age. If you are under the age of 16, per the requirements of the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR), do not use this site.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Terms of Service

Our services

We provide a social networking service where people, organizations and companies can post and share stuff; text, photos, videos and more. These terms and conditions (“Terms”) govern all use of Oogy’s services, all content, volunteering for our projects, contributing to the community, club membership, and all our products available at or through the websites, including, but not limited to, oogy.co and oogy.club (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policy and community guidelines) and procedures that may be published from time to time by Oogy (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. We refer to Manuel and Rachel Rodriguez, collectively as “Oogy”, “Oogy.co”, “Oogy.club”, “us”, “our” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Oogy, acceptance is expressly limited to these Terms.

Served regions and languages

Oogy is an independent 5-to-9 home lab operation and cannot afford to provide our services worldwide in the same way that we provide services to our base in the US. We make our services available in selected countries as described below. Due to limited moderation resources, our language policy is that the primary language of use on our server is English.

Our policies may change with time depending on such factors: a) if we are ready to expand our services into new countries, or b) have to retract from countries. If we get more moderators with specific language skills, we may be able to add languages, and if moderators leave, we may have to remove a listed language.

Our services are intended for people in the United States but may be accessed by any approved user who understands our Language policy above. The main reasons for this are: a) the abundance of time needed for moderators to deal with spam-bot networks or heated human interactions related to international conflicts in English or otherwise, and b) difficulty in finding enough moderators with skills in other languages. For these reasons, we will either request that you create content for the majority of our community to consume or that you migrate to another server that best suits your language needs.

Your account

Oogy offers several types of accounts that are tie our oogy.co and oogy.club properties.

You can use a pseudonym on your oogy.club account, but you must provide us with accurate and up-to-date information if needed. If you create an oogy.club account, you are responsible for maintaining the security of your account.

Please use a good password. It’s your responsibility to keep it secure and to consider two factor authentication (2FA). You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Oogy of any unauthorized uses of your account or any other breaches of security. Oogy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts of omissions.

Without limiting any representations or warranties, Oogy has the right (though not the obligation) to, in Oogy’s sole discretion, (i) change or reclaim your username or website’s URL due to prolonged inactivity or for any other reason, (ii) refuse or remove any content that, in Oogy’s reasonable opinion, violates any Oogy policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of oogy.club or other services to any individual or entity for any reason. If anything has been paid, for example membership fees, donations or sponsorships, Albin Social will have no obligation to provide a refund of any amounts previously paid.

Content

You own your content that you create and share on our Services. You keep all rights to your content, but you must give us the legal permission we need to use your content in connection with operating, developing, and improving our services. When you share, post or upload content, for example photos or videos, that is covered by intellectual property rights, on or in connection with our services, you grant us a non-exclusive, transferable, sub-licensable, perpetual, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content for the purpose of making Oogy’s services and products available.

If you delete your your Content, we will use reasonable efforts to remove it as soon as possible, in accordance with our privacy policy, but you acknowledge that caching, backups or references to the Content may not be made immediately unavailable. Be aware that your content may continue to appear on the internet if you have shared it, and others (including third party server owners) have not deleted it.

If you publish content on your profile page, make comments, post material to oogy.club and/or our other Services, post links on our services, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using oogy.club, oogy.co, and/or our other Services, you represent and warrant that your Content and conduct do not violate these Terms, our policies or the community guidelines. You must not break copyright law and therefore you must have all appropriate rights to post any content.

Oogy has not reviewed, and cannot review, all of the material posted to our Services and also not content posted to third party servers, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Oogy 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 as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that 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. If you see objectionable content that break the law or our community guidelines you can and are encouraged to report such content.

Oogy disclaims any responsibility for any harm resulting from the use by logged in users or non logged in visitors of our Services, or from any downloading by those, of content there posted. We reserve the right to remove, disallow, block or delete any content or contribution with or without notice to you.

Content posted on other servers and websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which oogy.club links, and that link to oogy.club. We do not have any control over those non-Oogy servers, software or websites, and we are not responsible for their contents or their use. By linking to a non-Oogy website, Oogy does not represent or imply that it endorses such website. Oogy disclaims any responsibility for any harm resulting from your use of non-Oogy websites, software, web pages and connected, or federated, servers, networks and services.

Funding

Oogy.club may be funded by donations, sales of merch, or sponsorships.

Club membership

Membership to Oogy.club is free. Oogy.co has free users ("friends") and premium users ("members").

You're welcome as club member if you can primarily communicate using the default server language, English. For more detailed information on this policy, please revisit this section: [Served regions and languages](###Served regions and languages)

Some of our official policies are not written yet, and from time to time we will update or release new policies. If you violate policies, rules or community guidelines, that may lead to termination of your club membership without any refund of membership fees.

Sponsorship

Thank you for your interest in becoming a sponsor and for reading these terms. Please get in touch to discuss your specific needs. Oogy reserves the right to reject sponsorships if we believe the association could harm our brand. Sponsorship is currently open for organizations/companies located in the USA and Canada.

Federation

Oogy.club is connected, in a Federated network “the Fediverse”, with third party servers, software and services.

With an account on oogy.club you will be able to follow people on a large number of connected third party servers in the Fediverse.

We federate with as many servers as technically, practically and economically possible, despite this we may block some servers for various reasons. Some individuals and some server owners may misbehave and break the law or share inappropriate content.

As a first line of action we may block/suspend individual accounts, but we may block domains/servers that have large amount of content that is not aligned with our community guidelines, terms and policies, or that are known to host illegal content. We may block servers that run outdated or incompatible software. We may block servers who are running software different from the software we are using in our services. We may block servers if the stream of content is overburdening our small server, the storage capacity or our economical resources.

Third party servers

The Mastodon software is made in such a way that data and other information is automatically passed around between several independent servers in the Fediverse. Such third party servers may run other software, be outside of the European Union and have different terms of service.

The Mastodon software we use is under continuous development and changes are made by several developers that work independent from Oogy. There are no guarantees of any kind that things will be bug free, safe or work as it should. It’s open source so the code can be reviewed if you so wish. We aim to run the latest stable release of the software.

Be aware that some of your content, meta data and/or other data and information may automatically be passed by the Mastodon software to third parties when you use our services, and the respective third party’s terms of service, privacy policy, and other policies may apply.

As can be heard from the name, we’re not running the third party services and have no control at all over what they do or don’t do. We recommend that you don’t share any sensitive information, also not in personal messages as they are not encrypted and can technically be read by any owner of a server. If you do not like the idea of a federated network, please do not use oogy.club at all.

Third party services include, but are not limited to servers in federated networking platforms. Examples are GNU social, Mastodon servers including different forks of the Mastodon software, Tusky app, Pixelfed servers, and other ActivityPub and OStatus implementations.

Third Party Services are not vetted, endorsed, or controlled by Oogy. By using Mastodon.green, you’re exposed to third parties by seeing posts in public feeds, by posting publicly, by posting personally to some other users, and in other ways. All use of oogy.club and the connected/federated Third Party Services is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.

It is your responsibility to review the Third Party’s terms and policies before accepting followers on other services and before interacting with Third Party Services in any way. Some of your data and content, for example when you post publicly or directly to a user on a connected network are transferred to a Third Party Services. Your data and content will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data and content. You should carefully review Third Party Services’ data collection, retention, and use policies.

Third Party Services may not work appropriately with oogy.club, and we may not be able to provide support for issues caused by any Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly. At any time, we may at our discretion, suspend, disable, or remove Third Party Services.

Prohibited uses

When using Oogy services you agree not to:

Publish material or engage in activity that is illegal under applicable law.
Overburden Oogy’s systems, as determined by us in our sole discretion.
Disclose sensitive personal information of others.
Send spam or bulk unsolicited messages.
Interfere with, disrupt, or attack any service or network.
Distribute material that is or enables malware, spyware, adware, or other malicious code.
Use unauthorized bots, for example to automatically post or analyze content.

Copyright infringement and DMCA policy

As Oogy ask 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 oogy.club violates your copyright, you are encouraged to notify Oogy. Oogy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Oogy.club will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Oogy or others. In the case of such termination, Oogy will have no obligation to provide a refund of any amounts previously paid to Oogy.

We have the right to disclose your identity to any third party who claims that their intellectual property rights, or their right to privacy, are violated by your content or contributions.

Intellectual property

This Agreement does not transfer from Oogy to you any Oogy or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Oogy.

At Oogy, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Oogy trademarks belong to Oogy, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy.

Your use of our Services grants you no right or license to reproduce or otherwise use any Oogy or third-party trademarks.

Oogy.club is the name of our domain and our community, it’s a social network within the Federation.

The Mastodon software is open source and made by lead developer Eugen Rochko and a large number of other contributors. We would like to thank all of you for the excellent work in making the awesome Mastodon software. It’s highly appreciated and much needed work.

Changes

We are constantly updating our Services, and sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, official account or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Software updates

By using or downloading our software. You give us permission to download and install upgrades and updates to develop the software.

Termination

Oogy may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your oogy.club account (if you have one), you may simply discontinue using our Services. 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

Our Services are provided “as is.” Oogy 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 Oogy nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that when you download from oogy.club, or otherwise obtain content or services, it’s at your own discretion and risk. Your use of our services is at your sole risk. We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

Jurisdiction and applicable law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the United States. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Limitation of liability

In no event will Oogy, 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. Oogy will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

General representation and warranty
You represent and warrant that your use of our Services:

Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the USA or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification
You agree to indemnify and hold harmless Oogy, 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 our Services, including but not limited to your violation of this Agreement.

Miscellaneous
This Agreement constitutes the entire agreement between Oogy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Albin Social, or by the posting by Oogy of a revised version.

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.

This agreement isn’t giving rights to third parties. You need our consent to transfer your rights or obligations under this agreement. Oogy 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.

We at Oogy appreciate feedback, comments, ideas and suggestions. We appreciate that you want to help our projects to succeed, but we have no obligations to you. Any idea, suggestion or any related documentation, or other materials you may submit to us (collectively “Feedback”) are treated as a contribution. You agree that we may use Feedback in any way without any restrictions or obligation to attribute- or compensate you. We are not obliged to keep feedback confidential. Regardless of what your accompanying communication may say, the following terms will apply. If you choose to submit feedback you agree that it’s a contribution to Oogy and treated accordingly, as described in these Terms.

Other terms

These Terms do not create an employment, agency, partnership, or joint venture relationship between you and us, Oogy. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Project websites. If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or any oogy.club projects.

Notwithstanding any provision to the contrary in these Terms of Use, we (Oogy) and you agree not to modify the applicable terms and requirements of any free license that is employed on the project(s) when such free license is authorized by these Terms of Use.

These Terms of Use were written in English. While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

We ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of Oogy and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

Definitions

“Affirmer” (“You” or “Your”) shall mean an individual person or Legal Entity

“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Oogy for inclusion in the Oogy projects and services. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Oogy or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, messengers and issue tracking systems that are managed by, or on behalf of, Oogy for the purpose of discussing and improving the Work and Oogy‘s services, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”

“Contributor” shall mean any individual or Legal Entity on behalf of whom a Contribution has been received by Oogy and subsequently incorporated within the Work.

“Work” shall mean any work of authorship and/or a database (each, a “Work”).

“Copyright and Related Rights“ include, but are not limited to, the following:

i. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
ii. moral rights retained by the original author(s) and/or performer(s);
iii. publicity and privacy rights pertaining to a person’s image or likeness depicted in a Work;
iv. rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
v. rights protecting the extraction, dissemination, use and reuse of data in a Work;
vi. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
vii. other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.

Thank you!

We appreciate that you’re taking the time to read these Terms, and we are very happy to have you using our services.

Credit:

Oogy’s oogy.co Terms of Service document is based on Privacy Policy by Albin Social, licensed CC-BY-SA.