Odeon and Odeon.tv (the “Site”) are owned and operated by Odeon, Inc., a Delaware corporation (the “Company”), and the Company welcomes you to its online service (the "Service"). By using this Site or Service, you are agreeing to the following Terms of Service ("TOS"), regardless of whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://odeon.tv/tos and should check regularly for updates and changes.
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.
IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.
The Company provides a web and app-based Service in the form of a platform, which is made available to both visitors and Content Creators (as defined below) alike (collectively referred to hereunder “users”), on which said Content Creators, upon receipt of an invitation from Company, may create a “channel” and upload videos and other similar media Content (as defined below) to the platform, and wherein visitors may then purchase or otherwise obtain subscription-based access to view such media content uploaded by said Content Creators. The platform also contains a collection of various types of content made available through the Site and Service, which may be provided to users in the form of audio, video, and/or various text features. This Content made available to users through the Site and Service is provided strictly for entertainment and informational purposes.
THE SERVICE IS PROVIDED "AS IS" AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS OF THE SERVICE, ERRORS IN CONTENT OR THE ACCURACY OF ANY INFORMATION CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, OR FAILURE TO STORE ANY PARTICULAR CONTENT, INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable, inappropriate, or to have been posted in error, in the Company’s sole discretion.
You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE CERTAIN PORTIONS OF THE SERVICE. IF YOU ARE ABOVE THE AGE OF 13, BUT BELOW THE LEGAL AGE MAJORITY, THIS SERVICE MAY ONLY BE USED WITH PARENTAL CONSENT AND SUPERVISION. IF YOU ARE YOUNGER THAN 13 YEARS OF AGE, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
• You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You shall not violate the privacy or publicity rights of others.
• You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You shall not take any action which could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
• You shall not take any action which may subject other users or the public to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download or upload any material that you know or should reasonably know cannot be distributed legally.
• You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else's username or password.
• You shall not use the Site or Service for any illegal, immoral, or unauthorized purpose.
• You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.
• You shall not modify, edit, or delete any Content or communications of the Site or Service and/or of other users of the Service.
• You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Site or in the Service.
• You shall not take any action which disrupts the normal flow of Content on the Site, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Site or Service.
• You shall not interfere with or disrupt the Site, the Service, the servers, or networks connected with the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service.
• You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
• You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
• You shall not engage in any "spamming" of any kind, including without limitation ad spamming.
• You shall not use the Company’s or Site’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Site is associated with, or endorses, or is in any way connected with you or your business.
You shall not use the Company Site, Services, or any associated applications for the purpose of posting, distributing, or otherwise displaying any Adult Content, which for purposes of this TOS, shall include but shall not be limited to: Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; any Content or sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (e.g. adult toys); adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars; strip clubs; or sexually oriented dating services.
You shall not use the Company Site, Services, or any associated applications for the purpose of posting, distributing, or otherwise displaying any Gambling Content, which for purposes of this TOS, shall include but shall not be limited to: Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD-PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY MAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING.
As a user of the Site or Service, you will be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Site, whether uploaded by the Company, by another user of the Site or Service, or by any third-party, shall be considered ("Content"). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any users or third-parties.
The Company shall have no liability of any kind with respect to any Content listed on the Site, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Site, or contained in any links found on the Site. In this regard, you may not rely on any Content created by the Company, by another user, or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that Company may or may not pre-screen Content but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS, was posted in error, and/or is otherwise objectionable as determined by the Company in its sole discretion.
The Company may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company, the Site, the Service users, or the public.
You hereby represent and warrant to the Company that any and all Content which you may upload or post onto the Site or through the Service: (i) is fully owned by you or that you have obtained any and all requisite licensing and consent to upload or post; (ii) will not violate the rights of any third-parties as a result of such Content being uploaded or posted to the Site or through the Service; and (iii) will not be in violation of any applicable law or agreement to which you are currently bound.
You hereby acknowledge and agree that you shall hold harmless, indemnify, and defend Company from and against any and all claims for damages by any third-party, resulting from your election to upload or post any particular Content onto the Site or through the Service.
The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of where the material you claim is infringing is located on the site;
3. your name, address, telephone number, and email address;
4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:
Phone: (844) 633-6688
Odeon, Inc. Copyright Agent
PO Box 3001
Edmond, OK 73034
In order to use or access certain features or limited Content through the Site and Services offered by the Company, you may be required to pay a subscription fee, depending on the type of subscription and user account you have enrolled in through the Site and Service. Any such subscription fees which may be applicable may be billed on a recurring monthly basis, or payable upfront for the entire year, depending upon the Service enrolled in, and pursuant to the current pricing structure of each Service offered at the time of enrollment. In the case of any such subscription fees, if applicable, the descriptions of the subscription Services and the descriptions of the access to be granted to certain Content, which may be made available to you by Company for enrollment, along with the cost of each subscription or Service, shall be detailed on the Subscription page(s) of content channels of the Site. The costs of these Services and the access to, and use of the Services, shall be subject to change at any time at the Company’s sole discretion. Any updates or changes in access or pricing will be posted on the same Subscription pages of the Site, your User Account pages of the Site, or via email page to the email address with which you’ve registered to the Site.
Depending on the applicable subscription enrolled in, the Services and corresponding subscription fee you select may automatically renew at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. As such, in the event that you wish to cancel or terminate your subscription, it is your sole responsibility to follow the cancellation procedures specified on your user Account page of the Site in order to properly submit a request for the termination of your subscription, at least ONE DAY prior to the next scheduled billing date on your user account, if you wish to avoid receiving any further charges for the Services. The Company may modify its subscription and termination/modification policies or designated procedures at any time, within its sole discretion.
In order to make said payments required to satisfy any applicable subscription fees, or to otherwise compensate the Company for any other Services offered through the Site, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time. The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any particular payment method offered on the Site, in Company’s sole discretion. Any such payments shall be made in strict accordance with both the terms hereof, and the terms of service of any third-party, which the Company may elect to use for the processing of such payments, within Company’s sole discretion.
REFUNDS: The Company shall be under no obligation to refund any payments made to Company, whether such payments are made for any subscription or access to Services purchased through the Site, or for any other services provided by the Company. However, the Company may in its sole discretion, elect to offer a refund to users on a case-by-case basis. Company’s election to offer a refund to a user in one particular instance, shall in no way waive Company’s right to decline any refund requests received by Company from any user, for the same or any similar instance.
REVENUE SHARING: Only users with a Content Creator account shall be entitled to participate in revenue sharing with the Company. In the case of a Content Creator account, the gross revenue generated as a result of the uploading of any Content by the Content Creator, shall be shared amongst the Content Creator and the Company, with Sixty Percent (60%) of said revenue to Content Creator, and Forty Percent (40%) of said revenue to Company. Such revenue shall be paid out to any Content Creators to whom a revenue share payment is due and owing, on a Monthly basis. The gross revenue shall include any and all forms of revenue generated as a result of the uploading of such Content to the Site or through the Service, which may include, but shall not be limited to subscription-based revenue and advertising-based revenue. The Company may at any time, within its sole discretion, elect to alter which forms of revenue shall be eligible for any revenue sharing programs offered by the Company, and the Company may elect to alter the percentage split of such revenue sharing programs at any time as well.
Through the Service, the Company or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Site or Service. Links to such sites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links or any failures and/or disruption to your computer or mobile system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
You agree to indemnify, defend, and hold the Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Site or Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.
You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or Content or other information or materials of any kind that you do not own.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.
In order to use certain aspects of the Service you may be required to register for an account. In the case of a particular subsection of users referred to hereunder as Content Creators, the ability to register for an account shall be on an invitation only basis. The Company may elect to extend an invitation to, or to reject any proposed/possible Content Creators, at any time within its sole discretion. Content Creators may be afforded the ability by Company, to create their own user channel, and upload Content to the Site and through the Service. In the case of all types of users, when registering for an account, you may be afforded the ability to select a specific type of account or tier “Tier” in which you wish to enroll. If and where applicable, different Tiers may offer varied features or levels of access to the Services provided by the Company. The features of levels of access to the Services provided to you by the Company through each particular Tier, along with the entirety of the offering of each Tier itself, shall be subject to alteration or discontinuation at any time and for any reason, within the Company’s sole discretion. The Company refers to registered users as “members.” Registered users are subject to the following specific terms in addition to all of the other terms in these TOS:
• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are above the age of 13, but below the legal age of majority, this Site and Service may only be used with parental consent and supervision. If you are younger than 13 years of age, do not use this Site or Service for any purpose, as it is not intended for use by children.
• You agree to provide true, accurate, current and complete information as required on the Service's registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
• You understand, acknowledge, and agree that where applicable, in the case of a membership subscription, in order to participate in some of the Services offered through the Site, you may at some point be required to provide company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information.
• You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS.
You acknowledge that the Company may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, the maximum number of uploads, content views, posts, and communications which may be ran through the Service, and the maximum number of times and duration for which you may access the Service in a given time. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages, data, communications or other Content maintained or transmitted by the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title in or to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Company Site or throughout the Service are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Site or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
With respect to any Content, posts, or submissions uploaded by any user, said user shall remain the owner or right holder of any intellectual property rights in the Content (“Content IP”) created by, and/or uploaded to the Site or through the Service by user. Nothing in this Agreement shall be construed as granting the Company any ownership license in the user’s Content IP rights. However, in using this Site and Service, you hereby authorize and grant to the Company the world-wide, non-exclusive right to edit, distribute, promote, and monetize such Content and/or the user’s channel, and user’s name or likeness, throughout Company’s Site or Company’s various applications, or throughout any third-party media platforms, at any time and for any purpose, within Company’s sole discretion. Additionally, you hereby expressly grant to Company a limited, revocable, non-exclusive, non-transferable, royalty-free license to use your marks and branding associated with your user channel, including but not limited to any trademark, URL, trade name, logo, or branding of yours, in connection with the obligations herein. The Company agrees not to sublicense such Content or Content IP without first receiving your prior written consent. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Site or Service. You understand and agree, however, that Company may retain, but not display or distribute, server copies of your Content which has been removed or deleted.
Other users of the Site and/or Service shall have the right to distribute edited and/or modified versions of an original uploader’s Content, within the Site, Service, and associated applications, however, other users may not re-distribute such Content in its entirety or with negligible and/or discernible modifications/edits having been made thereto. Users of the Site and Service shall not be permitted to re-distribute another user’s Content, whether modified or unmodified, outside of the Odeon Site or associated applications.
Any Content uploaded onto or through the Site or Service is the responsibility of the person or entity that provides it to the Site or Service. Company is under no obligation to host or serve any Content. If you see any Content you believe does not comply with the terms of this TOS, including potential violations of law, you can report it to us.
You may not use or authorize any party to co-brand or frame the Site or any Service without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Site or Service, in whole or in part, and/or any content accessible within the Site or Service. For purposes of this TOS, "framing" refers to displaying any Company associated Site or Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY SECURE, OR BUG AND ERROR-FREE, (3) THAT ANY CONTENT UPLOADED OR POSTED TO THE SITE OR THROUGH THE SERVICE WILL BE STORED OR RETAINED FOR ANY GIVEN PERIOD OF TIME, (4) THE EFFICIENCY, EFFECTIVENESS, OR RESULTS OF USING THE SERVICE ITSELF, (5) THE CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, (6) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (7) THAT THE SITE OR SERVICE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Service, shall create a warranty not expressly stated in these TOS.
You expressly understand and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages incurred by you or any third party as a result of any loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use Site or Services themselves, or resulting from any decisions made based on any Content or information provided through the Site or Service, or through the use of and/or reliance upon any Content or information offered through the Site or Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Site or Service, the cost of procurement of substitute goods or services resulting from any services, data, or information purchased or obtained or messages received or transactions entered into through or from the Site or Service, and/or any other matter relating to the Site or Service. In no event will the Company be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOS YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
If there is any dispute about or involving the Company and/or the Service, you agree that any dispute shall be governed by the laws of the State of Oklahoma, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction in, and that venue shall be properly set in the state and federal courts of Oklahoma County, Oklahoma.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles throughout these TOS are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to Company at firstname.lastname@example.org.