OddMass Terms Of Service
Welcome and thank you for visiting the website www.oddmass.com (the “Website”) operated by Waterford Media LLC d/b/a OddMass, a Nevada limited liability company (interchangeably “OddMass”, “we” and “us”). These Terms of Service applies to all of the websites offered by us, and any other websites, applications or services that link to these Terms of Service (collectively, the “Services”).
YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS. IN ORDER TO USE THE SERVICES, YOU MUST FIRST ACCEPT THESE TERMS OF SERVICE. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE WHEN POSTED ON THESE TERMS OF SERVICE. YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
- General: These Terms of Service are a legal contract between you, an individual user of at least 13 years of age and us regarding the Services. These Terms of Service set forth the terms and conditions that apply to your use of the Services. The right to use the Services is not transferable to any other person or entity. You are responsible and liable for protecting the confidentiality of your password(s), if any, and are fully responsible for the use of the Services by any other person or entity you permit to access the Services. Please notify us immediately by email to email@example.com of any unauthorized use of your password and account or any other breach of security.
The Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between the ages of 13 and the age of legal majority in your country or residence), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES.
When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time. All of such guidelines or rules are hereby incorporated by reference.
2. Changed Terms: We may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use. We may at any time change or modify these terms and conditions applicable to your use of the Services or to impose new conditions, including, but not limited to, adding fees and charges for use (collectively, the “Changes”). The Changes will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice will be deemed to constitute your acceptance of the Changes. If any Changes are not acceptable to you, your only recourse is to refrain from using and accessing the Services.
- Equipment: You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services and all charges related thereto.
- About the Services: We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings. We reserve the right to change or discontinue, temporarily or permanently, the Services at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Services. You may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or entity. Your use of these other services, software or goods may be subject to separate terms between you and such other person or entity. If so, we are not responsible for your legal relationship with such other person or entity.
5. Your Conduct: You agree to provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Please update your registration data to keep it current and accurate.
You will only use the Services for non-commercial, lawful purposes only. Any other use, or commercial use, of the Services requires our prior written approval.
You may not post or transmit through the Services anything that contains content that:
- is defamatory, abusive, obscene, profane, pornographic, lewd, suggestive, inflammatory, fraudulent or offensive;
- infringes or violates another party’s patent, trademark, trade secret, copyright or other intellectual property rights (by posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such content);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm against any group or individual;
- impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
- contains private information of any third party, including addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, corrupt, disrupt or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- that in our sole and absolute judgment, is objectionable or restricts or inhibits any person from using or enjoying the Services.
These categories of prohibited content are merely examples and are not intended to be exhaustive. We have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Service and any operating rules established by us and to satisfy any law, regulation or authorized government request. We may include, edit or remove any content at any time without notice, in our sole discretion, and you are solely responsible for creating backup copies of any content. Enforcement of the content and conduct rules is solely at our discretion, and the failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. Without limiting any other rights or remedies, violations of the foregoing may result in removal of the prohibited communications and/or termination of your access to the Services.
You understand that, when using the Services, you will be exposed to content from a variety of sources, and that we are not responsible and assume no liability for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services. We do not pre-screen or endorse any content provided by third parties or users of the Services and are not responsible or liable under any circumstances for such content. Our rules do not create any private right of action on the part of any third party or reasonable expectation that the Services will not contain any prohibited content.
You understand that access to the Services may result in access to other users’ names, screen names, e-mail addresses, addresses or other user information (collectively, “User Information”), and you acknowledge and agree that the User Information and any the Services constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services. You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Services without our prior written consent.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in our original content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Website will be permitted without the express permission of us and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
You shall not upload, post, submit or otherwise make available on the Website any third-party material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website , or otherwise submitting materials to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that we do not want to receive confidential information from any user and any information received will be deemed NOT to be confidential.
- Disclaimer of Warranty; Limitation of Liability: USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER ODDMASS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS, SPONSORS OR LICENSORS (COLLECTIVELY, THE “ODDMASS PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR ACQUISITION.
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR THE ODDMASS PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE OR THE ODDMASS PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF 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; (IV) YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION; (V) YOUR FAILURE TO KEEP INFORMATION PROVIDED BY YOU SECURE AND CONFIDENTIAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER US NOR THE ODDMASS PARTIES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF US OR THE ODDMASS PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE, TOTAL LIABILITY OF US AND THE ODDMASS PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY US OR (II) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Arbitration: Any controversy, claim or dispute you have against us arising out of or relating to these Terms of Service, their breach or claimed breach shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in Illinois by a single arbitrator. Any controversy, claim or dispute you have against us shall not be consolidated or otherwise combined with any controversy, claim or dispute that any other person has against us arising out of or relating to these Terms of Service, their breach or claimed breach. Any arbitration claim you bring relating to these Terms of Service, their breach or claimed breach shall neither name as a claimant nor be brought on behalf of anyone other than yourself. ARBITRATION PREVENTS YOU FROM SUING IN COURT OF FROM HAVING A JURY TRIAL. Any controversy, claim or dispute, we have against you (regardless of when any such claim accrued), shall, at our sole discretion, be (a) filed in any state or federal court in Illinois or (b) settled by binding arbitration administered by the AAA in Illinois by a single arbitrator. You consent to personal jurisdiction and venue in Illinois and federal courts in Illinois. In addition to any remedies available to us under any law, the court or arbitrator, as the case may be, shall be authorized to award us our reasonable attorney’s fees and costs incurred by us in any controversy, claim or dispute concerning these Terms of Service. Any arbitration under these Terms of Service shall be administered under the AAA’s Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator can be confirmed or entered in any court of competent jurisdiction.
- Advertisements: Some of the Services may be supported by advertising revenue and may display advertisements and promotions. In consideration for granting you access to and use of the Services, you agree that we may place advertising on the Services. You further agree that the manner, mode and extent of advertising by us on the Services are subject to change without specific notice to you.
- Indemnification: You agree to defend, indemnify and hold harmless OddMass and its affiliates, contractors, employees, agents, suppliers, licensors and partners from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of these Terms of Service; (ii) your use and access of the Services , including the posting of any content by you; and (iii) a violation by you of any applicable law. 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 with our defense of these claims.
10. Termination: We reserve the right to immediately terminate your right to use the Services at ay time, to block or prevent your future use of the Services and to terminate or suspend your access to the Services. Your only remedy with respect to any dissatisfaction with the Services or these Terms of Service or any policies, practices, content or transmitted information is to discontinue using the Services. In cases of serious breaches of these Terms of Service, we reserve the right to take legal action against you.
11. Intellectual Property: All trademarks appearing on the Services are the property of OddMass or their respective owners. Unless you have agreed otherwise in writing with us, you agree that nothing in these Terms of Service gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You further agree that you shall not use any trademark, service mark, trade name, logo of any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
12. Third Party Content: We are a distributor of certain content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such content supplied by third parties and users of the Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services, are those of the respective author(s) or distributor(s) and not of us. Neither us nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content made available by third parties, nor its merchantability or fitness for any particular purpose.
- Other Content: The Services may include hyperlinks to other websites. We have no control over websites that are provided by third parties. You agree that we are not responsible for the availability of any such external websites, and do not endorse any advertising, products or other materials on or available from such websites. You agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites.
14. Miscellaneous: These Terms of Service (which hereby incorporates by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the Services established by us) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. We may provide you with notices, by email, regular mail or postings on the Services. Notice will be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. If we send you notice by mail, notice will be deemed given 3 days after mailing. Notice posted on the Services is deemed given 30 days following the initial posting. The provisions of these Terms of Service will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Service, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. These Terms of Service shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Notwithstanding this, you agree that we may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment by you in violation of these Terms of Service is null and void and of no effect. Upon termination of these Terms of Service, any provision, which by its nature or express terms should survive, shall survive such termination or expiration.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF RELATED TO THE SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. DMCA Notice: We own, protect and enforces copyrights in our creative material and respect the copyright properties of others. Materials may be made available on or via the Services by third parties not within our control. It is our policy not to permit creative materials known by us to be infringing to remain on the Services and to terminate relationships regarding content with third parties repeatedly infringing the copyrights of others.
You should notify us promptly if you believe any materials on the Services infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA 17 U.S.C. 512 (c), we have designated the following individual as our agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Services.
The designated agent and the agent’s contact information are as follows:
Michael J. Powers
Howard & Howard Attorneys PLLC
200 S. Michigan Ave., Ste 1100
Chicago, IL 60604
Questions: Should you have any questions regarding these Terms of Service, please send an email to firstname.lastname@example.org.
Effective Date: These terms of service was last updated on September 13th, 2014.
© 2014 Waterford Media LLC