Terms of Use
Your use of the OddNod.com website (the 'Site') is subject to these Terms of Use (these “Terms of Use”). By using the Site, you agree to be bound by, and use it in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.
The terms 'you,' 'your,' and 'yours' refer to you, the visitor to the Site. The terms 'we,' 'us,' and 'our' refer to the principals, moderators, and managing partners of OddNod.com. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Site after such changes have been published to the Site shall constitute your acceptance of such revised Terms of Use.
License to Use the Site
Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use and not for resale or further distribution. Your right to use the Site is limited by the terms set forth in these Terms of Use.
Except for your pre-existing rights and this license granted to you, we retain all right, title, and interest in and to the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (b) rent, lease, or sublicense access to the Site; nor (c) circumvent or disable any security or technological features or measures of the Site.
Access to the Site; Modifications to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
The Site is not intended for or directed to persons under the age of 16.
Restrictions
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site to another person; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
Privacy Policy
We may collect registration and other information about you through the Site. Our collection and use of this information is governed by our Privacy Policy available at http://www.oddnod.com/privacy.html.
Links and Third Party Content
The Site may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party content, products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Submissions
The Site allows you and other third parties to post comments concerning related to the purpose of the Site (the “Subject Matter”). All reviews and comments posted to the Site must be topical to the Subject Matter. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of OddNod.com, or its shareholders, directors, appointed volunteers, officers, or employees. The Site, or its representatives, may review and delete any content, in whole or in part, that in the sole judgment of the Site violate these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. The Site does not control the content posted by third parties and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Site, its shareholders, directors, officers, directors, appointed volunteers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that the Site is free to use any comments, information, ideas, concepts, or any other material contained in any communication you may send to us (each, a 'Submission'), including, without limitation, responses to questionnaires or through postings to the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and our products and services. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission will not infringe on or violate the rights of any third party.
Use Policies
OddNod.com (the Site) asks that you respect our online community, participating individuals, and the third parties represented by any submission to the Site. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Site, you agree not to:
• Post or transmit any material that is unrelated to the Subject Matter and the Site's intended purpose;
• Use Site’s facilities, services or resources in a manner which violates any applicable laws or regulations;
• Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements;
• Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity;
• Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
• Sell or otherwise transfer your profile or account on the Site; or
• Use the Site’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Site, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
OddNod.com reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Site.
Feedback
OddNod.com may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Site (“Feedback”). You agree that the Site may, in its sole discretion, use the Feedback you provide to the Site in any way, including in future modifications to the Site. You hereby grant the Site a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE SITE 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
THE SITE WILL NOT BE LIABLE 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 (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL SITE'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE DOLLAR ($1). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyright Infringement
OddNod.com respects the intellectual property rights of others, and asks you to do the same. It is the policy of the Site to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact the Site at info@oddnod.com and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity
You will indemnify and hold OddNod.com, and its subsidiaries, affiliates, officers, agents, volunteers, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Site or Site Content.
Updates to this Site and License Agreement
We may occasionally update the Site and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Site and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.
Legal Notices
Enforcement of these Terms of Use will be governed by Missouri or Kansas law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the State and Federal courts located in the State of Missouri or Kansas, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of OddNod.com to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by OddNod.com in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
Contacting OddNod.com
If you have any questions or concerns about the Site or these Terms of Use, please send us a thorough description by email to info@oddnod.com.