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Terms of Service
ONEDAYONEARTH.ORG TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last updated November 30, 2012
OVERVIEW
One Day On Earth, LLC (“ODOE,” "we," "our" or "us") set out in 2008 to ready a global network of filmmaker, videographer, camera enthusiasts, storytellers and visual creatives to capture the world through images and sound on 10-10-10 , 11-11-11, and 12-12-12 to non-exclusively license the results of those efforts to ODOE. We will be creating perhaps one, perhaps many feature films, episodes and other content formats for a transmedia exhibition of the results of the inaugural One Day On Earth event. The world is set to look in the mirror again on December 12, 2012 and with your help, perhaps the world will learn from what it sees.
We provide the World Wide Web Sites (collectively the "Sites," located at http://www.onedayonearth.org; http://www.101010educate.org; http://www.mydaymyimpact.org, www.101010donate.org, www.shareyourwater.org, www.globalsong.com, www.121212music.com) and others found here(http://www.onedayonearth.org/page/sites-1), together with the content, marketing and promotion on the Sites and any related services (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). The founding principles (http://www.onedayonearth.org/page/principles-1) of ODOE are perspective, inclusivity, individuality, community, education and technology and we are glad you've come to participate in helping us create a time capsule for the world to better understand itself. This Agreement is designed to give guidance and inspiration to that participation fueled by an authentic desire that you get as much creative, collaborative and social satisfaction out of your participation as we expect to receive.
By using the Sites or the Services, you agree to be bound by these terms and conditions, our PrivacyPolicy(http://www.onedayonearth.org/page/privacy-policy), and any other agreement you are required to enter into with ODOE in conjunction with your participation. If you do not agree to these terms of use, please do not use the Sites or the Services. This Agreement is made between ODOE and you, as a registered member or visitor ("you"). The words "you" or "your" shall also mean your heirs, executors, administrators, successors and legal representatives. We reserve the right at any time to change the Sites or the Services, including eliminating or discontinuing any content on or feature of any of the Sites or change the terms of this Agreement. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on this site. Your use of the Services after such notice will be deemed acceptance of such changes. Notwithstanding anything to the contrary herein or to the applicable laws of any jurisdiction, the governing language of the Sites and of this Agreement shall be English and any and all disputes arising herefrom shall be ultimately resolved by reference to this Agreement in English.
While using the Sites and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Sites or any materials that you transmit to the Sites and we expressly reserve the right to remove any materials from the Sites at any time for any reason without notice. You acknowledge and agree that we have the right to monitor the Sites and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Sites properly; to protect ODOE, the Sites, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests. ODOE may condition your right to participate on the Sites or in the Services on your furnishing to ODOE and keeping updated at all times such personal identifying information as ODOE may require.
You may only have one active account on any one of the Sites at any given time and only you may use your designated account to access the Sites (i.e., no member may have multiple accounts on any one of the Sites).
YOUR CONTENT SUBMISSIONS
Aside from adhering to the rules of conduct specified in this Agreement and otherwise conducting yourself according to the "Do's and Don'ts" specified on the Site, you agree that the image, sound and video content of your ODOE submissions is based entirely on your creativity and observation. You may upload as much content ("Your Content") as you deem appropriate for your participation, though we anticipate receiving edited video and imagery selected by you following your 10-10-10, 11-11-11 and 12-12-12 production day.
YOUR CONTENT GUIDELINES AND APPEARANCE AND LOCATION RELEASES
When uploading Your Content, you will be required to complete or confirm certain details including your name, email address and country of residence. We will use this information primarily to contact you for the purpose of further developing the ODOE community and to secure physical copies of Your Content or perhaps to obtain any further release documentation required for us to fully exploit the license granted to us hereunder.
By way of guidance and information and not limitation, unless owned by you or absent express contractual permissions between you and third party intellectual property rights holders, Your Content may not include:
× trademarks, logos, or copyrighted material (such as company names, photographs, works of art, or images published on or in websites, television, film or other media), unless owned by you and in such an event, the license conveyed hereunder shall be deemed to cover all required usage rights which may be required for ODOE to exploit Your Content without any additional consideration to you;
× any music (score or source) unless owned by you and in such an event, the license conveyed hereunder shall be deemed to cover all required usage rights which may be required for ODOE to exploit Your Content without any additional consideration to you;
× contain offensive, inappropriate or illegal content, including but not limited to pornographic or sexual content, illegal drugs, tobacco or hateful content of any kind (including racist or sexist), content that promotes violence or harm to another living creature;
× defame, misrepresent or contain disparaging remarks about other people or companies,
× contain footage of third parties taken without their permission.
For each person whose image or voice appears in Your Content and for every location used which requires permission for such use or access, you acknowledge and agree that you have secured all rights required to exploit the results and proceeds of those appearances in all media in perpetuity. You shall demonstrate such rights by executing a ODOE Appearance Release in substantially the form linked here (http://www.onedayonearth.org/page/appearance-release) and set forth immediately below.
In consideration of your recording my appearance for possible inclusion in a film project or still photos related to the entertainment project "One Day On Earth" (the “Project”) and for other good and valuable consideration (the receipt and sufficiency of which I hereby acknowledge), the undersigned, by and through my legal guardian, as appropriate, hereby absolutely and irrevocably grants to One Day On Earth, LLC, its parent, affiliated, and subsidiary companies, agents, successors, assignees, licensees and designees (collectively, "Producer"), the absolute, irrevocable, perpetual and unconditional right, but not the obligation, to use, as Producer may desire, all still, video, film and soundtrack recordings which Producer may make or receive of me, my voice and my likeness in connection with the exhibition (online, theatrically, on television, or otherwise in any media now known or hereafter devised) of the Project, including the right to use my name, voice, likeness and performance in the Project, and in connection with advertising, publicizing, exhibiting and exploiting the Project, in whole or in part, alone, synchronized or in combination with other audio or video programming, in any manner whatsoever and at any time, including but not limited to training, advertising, promotion, marketing and packaging, by any and all means, media, devices, processes and technology now known or hereafter devised, in perpetuity throughout the world. This grant includes without limitation the right to copy, edit, mix, synchronize or duplicate, and to use or re-use the Project, in whole or in part, alone or in combination with other footage, in any manner as Producer may elect.
I acknowledge and agree that Producer shall have complete ownership of all footage in which I appear, including copyright interests therein, notwithstanding any concepts of droit morale or the "moral rights of authors", and I further acknowledge and agree that Producer shall have no financial commitment or obligations to me as a result of this Release or the exercise of rights under this Release, and that the rights granted hereunder are not subject to the requirements of any collective bargaining agreement. I agree to execute such further documents and instruments as you may reasonably request in order to effectuate the terms and intentions of this Release.
I hereby release, indemnify and hold Producer harmless from any and all claims, demands, liabilities and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with such use including, without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation (including libel and slander) and any other personal and/or property rights, and I agree that I shall not now or in the future assert or maintain any claim against Producer.
I agree that Producer may assign this Release and its rights hereunder to any third party. This Release shall be binding upon and inure to the benefit of Producer’s legal representatives, successors, assigns, predecessors in interest and those acting under his direction. My sole and exclusive remedy for your breach of this Release shall be an action for damages and I irrevocably waive any right to equitable or injunctive relief.
This Release shall be construed in accordance with the laws of the United States, including those contained in Title 17 of the United States Code (the Copyright Act) and the State of California applicable to agreements which are fully signed and performed within the State of California. I agree to the exclusive jurisdiction of the federal and state courts located in California, notwithstanding any conflicts of laws principals or principals of international jurisdiction.
LICENSE BY ODOE
By using the Sites and Services or uploading Your Content, you agree that ODOE shall have a non-exclusive, worldwide, perpetual, royalty-free right, title, interest and license (where relevant, by way of present license of present and future copyright) to use Your Content for any purpose whatsoever related to the One Day on Earth media brand, including, but not limited to the rights to: copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from Your Content (including without limitation the right to extract audio only or image only elements from Your Content), in any way whatsoever, for the purpose of making and producing, advertising, promoting, marketing, broadcasting, exhibiting, distributing, exploiting and communicating to the public the One Day On Earth media brand, and to include Your Content (or any altered or edited version or elements thereof) in the Site(s) or any medium of expression including film, television, online and other formats now known or hereafter devised whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content as ODOE may determine in its sole discretion.
ODOE ARCHIVE
The aggregate content uploaded to ODOE by the members of the ODOE community (the "Archive") may be maintained by ODOE for purposes of exploiting the license granted to ODOE herein. Notwithstanding the foregoing, by using the Sites and Services or uploading Your Content, you further agree that ODOE may include Your Content in the Archive and make same available for use, in whole or in part at ODOE's sole discretion, to other members of the ODOE community solely as follows: members accessing Your Content via the ODOE Site(s) shall have a non-exclusive, worldwide, perpetual, royalty-free right, title, interest and license to use all or portions of Your Content for any non-commercial use whatsoever provided such non-commercial use provides a visible credit to you as the originator and to "One Day On Earth" in whatever format, media or medium of execution, distribution or exhibition such member may employ. The form of such credit shall be substantially similar to: "Video provided by [ORIGINATOR'S NAME] as part of the One Day On Earth archive." The non-commercial license may be converted into a commercial use license only through formal written contractual agreement between you, the content originator and ODOE, which may be given or withheld in ODOE's sole discretion. SPECIAL NOTE TO 350.ORG PARTICIPANTS: IF YOU HAVE UPLOADED YOUR ODOE CONTENT THROUGH 350.ORG OR OTHERWISE TAG YOUR UPLOADED CONTENT WITH “350” OR “350.ORG” OR “1010GLOBAL,” YOU FURTHER AGREE AND HEREBY DO ASSIGN TO 350.ORG THE NON-EXCLUSIVE NON-COMMERCIAL EXPLOITATION RIGHTS GRANTED TO ODOE IN THIS PARAGRAPH BUT EXPRESSLY WAIVING THE REQUIREMENT THAT YOU RECEIVE ONSCREEN ATTRIBUTION/CREDIT.The parameters of your use of "One Day On Earth" or similar trade names, trademarks and related intellectual property owned and controlled by ODOE is set forth in the following section.
PROPRIETARY RIGHTS / ONE DAY ON EARTH TRADEMARKS
The Sites and the Services are owned and operated by ODOE and others pursuant to contractual arrangements. You acknowledge and agree that all content and materials available on the Sites and in the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content from the Site or the Services in any way except as specifically identified in this Agreement. Any use of content from the Archive must be accompanied by the credits specified herein.
Except as expressly noted herein, modification or use of any materials contained on the Site or in the Services is a violation of ODOE’s copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Services. The trademarks "ODOE" and all associated logos, graphics, images and domain names, including, without limitation, are the trade names, trademarks, service marks, logos, and/or domain names of ODOE. You agree that you will not challenge the respective ownership rights of ODOE or any third party in or to the ODOE marks or any third party marks, and that you have not and will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the ODOE marks or third party marks contained on the Site or in the Services.
RULES OF CONDUCT
Technology and hosting for aspects of the Sites and Services are provided by Ning, Inc., an online service provider ("Service Provider"). However, ODOE controls the membership and policies hereof, including those pages served by the Service Provider on behalf of ODOE. You are solely responsible for your conduct and your content on the Sites and compliance with the terms of this Agreement. By registering with us or using or browsing this or any of the Sites and/or the Services, you acknowledge that you have read, understood, and agree to be bound by these terms. You agree that you will not post, email or make available any content or use the Sites or Services:
× in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
× in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
× to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines;
× in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
× in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
× in a manner that is harmful to minors in any way;
× in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
× to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Sites or Services without authorization;
× to interfere or attempt to interfere with the proper working of any of the Sites or Services or prevent others from using this Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Site, or that otherwise negatively affects other persons' ability to use this Site or Services;
× to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Site or Services or the content contained therein;
× to facilitate the unlawful distribution of copyrighted content;
× in a manner that includes personal or identifying information about another person without that person's explicit consent;
× in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Site or to users; and
× in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
× "Stalk" or otherwise harass anyone;
× Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
× Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Site or to proxy authentication credentials for any member of this Site or ODOE for the purposes of automating logins to this Site or for any of the Services;
× Post any content containing child pornography to the Site or otherwise on ODOE;
× Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
× Post any content that constitutes pornography, contains nudity evoking prurient interests or is adult in nature.
× Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Site or the Services- except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
× Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Site's infrastructure;
× Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Site, ODOE or the Services;
× Use this Site as a generic file hosting service;
× Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Site or for using it for purposes unrelated to the Service Provider); and
× Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site or Services.
You agree not to authorize or encourage any third party to use this Site or Services to facilitate any of the foregoing prohibited conduct. You also agree that these ODOE Terms of Use inure to the benefit of our Service Provider and other third party vendors and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms of Use. Notwithstanding anything to the contrary, by participating in ODOE and this Site and Services, you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this Site and Services and your participation with ODOE.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your material has been copied and is accessible through ODOE or any of the Sites contrary to the license set forth herein or in a way that constitutes copyright infringement, you may notify ODOE atlegal@onedayonearth.org by providing our copyright agent with the following information:
× The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
× A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
× Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
× Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;
× Your name, address, telephone number, and email address; and
× 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
× 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 are authorized to act on the copyright owner's behalf.
PRIVACY POLICY
We require you to read our Privacy Policy, which (in addition to this Agreement and any other agreement by which you may be bound) sets out how we collect and use any information you submit to ODOE or through the Site or the Services. You must be at least 18 years old to register to use this Site or the Services. If you are between the ages of 13 and 18, you may use the Site(s) and participate in ODOE only with your guardian's express permission here(http://www.onedayonearth.org/page/privacy-policy).
INTERNATIONAL USE
Unless otherwise specified or where prohibited by law, the materials on the ODOE Site(s) and in the Services are presented for the purpose of promoting the entertainment, information, and community resources and services available around the globe. That's a big statement. We know. We control and operate the Site(s) and the Services from within the United States. We make no representation that materials on the Site or the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
SUSPENSION AND TERMINATION
ODOE reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site or the Services, at any time, with or without notice.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ODOE PROVIDES NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT.
ODOE MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR SYSTEM’S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES (OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS; NOR DOES ODOE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
ODOE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ODOE DISCLAIMS ANY WARRANTY THAT ANY POSTING OR OTHER CONTENT ON ANY OF THE SITES OR IN THE SERVICES IS APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR ALL CONTENT ON THE SITE OR IN THE SERVICES, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR VIEWING OR OF EXPOSURE TO, OR ACCESS TO ANY FILM, POSTING OR OTHER CONTENT ON ANY OF THE SITES OR THE SERVICES.
THE SITE(S) AND SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF ODOE AND ODOE IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT YOUR OWN RISK. THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
ODOE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR BY WAY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ODOE OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ODOE, ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (THE “ODOE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE(S) OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ODOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ODOE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.
INDEMNIFICATION
You shall be fully responsible for any violation of this Agreement or of any other agreement between you and ODOE (including, but not limited to, the Privacy Policy, and any other agreement). You agree to defend, indemnify, and hold harmless the ODOE Parties from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site(s) or the Services. ODOE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with ODOE in asserting any available defenses.
GOVERNING LAW
This Agreement, the Privacy Policy and any other agreement between you and ODOE shall be governed by and construed in accordance with the laws of the State of California, United States of America, excluding its conflicts of law rules. In the event of any dispute arising out of or in connection with your use of the Site or the Services, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of California, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with ODOE, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement or any other agreement between you and ODOE, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized herein, and in no event will you be entitled to seek rescission, or injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not use the Site(s) or the Services.
SEVERABILITY AND INTEGRATION
This Agreement, together with any agreement referred to herein (including the Privacy Policy) and any other agreement between you and ODOE, constitutes the entire agreement between you and ODOE with respect to the Site(s) and the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ODOE with respect to the Site(s) and the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
MISCELLANEOUS
This Agreement is not assignable or otherwise transferable by you, and any such transfer, assignment or sublicense shall be null and void. No agency, partnership, joint venture or employment relationship between you and ODOE is intended or created by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with ODOE. If such email address does not function, ODOE will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us. Your electronic consent to this Agreement (or to any other agreement between you and ODOE), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site(s) or the Services governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law (including, without limitation, copyright law), shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site or the Services also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CALIFORNIA CIVIL CODE SECTION 1789.3 COMPLIANCE
Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. ODOE, LLC is located at 1559 7th St, Santa Monica, CA 90401. Currently there are no charges to the consumer for use of the Site(s). ODOE reserves the right to change its pricing. Please feel free to contact ODOE, LLC to resolve a complaint regarding any aspect of the Services or Sites by writing to the address here Upon your request, you may have these Terms of Use sent to you by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
To the extent you cannot convey your agreement to this Agreement electronically, you may print and sign this Agreement below, returning an original hard copy to the ODOE address listed above. Whether or not your original signature is received, your use of the Sites and participation in the ODOE event, constitutes your acceptance of these Terms of Use and of the Agreement.
Agreed and accepted as of the date first written above.
Signature: __________________________
Name: __________________________
Address: __________________________
__________________________
__________________________
Email: __________________________
Phone: __________________________
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING ADDITIONAL TERMS OF SERVICE WHICH ARE REQUIRED BY OUR SERVICE PROVIDER
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
× to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
× to facilitate the unlawful distribution of copyrighted content;
× in a manner that includes personal or identifying information about another person without that person's explicit consent;
× in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
× in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
× Additionally, you agree not to:
× "Stalk" or otherwise harass anyone;
× Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
× Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
× Post any content containing child pornography to this Network;
× Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
× Post any content that constitutes pornography, contains nudity, or is adult in nature.
× Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
× Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
× Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
× Use this Network as a generic file hosting service;
× Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
× Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 16 and is offered only to users 16 years of age or older. Any person who provides their personal information through this Network represents that they are 16 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
Additionally, you agree not to:
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.