Terms of Service
General Information
Welcome to Odyssey Media Group, Inc. (“Odyssey,” “we,” “us,” “our”) , a platform that empowers you to create and engage with content, connect through communities, and amplify your voice to reach the audience your story deserves. These Terms of Service (the “Terms”) govern your access and the use of the www.theodysseyonline.com website, its subdomains, and all of the website and Internet properties owned by Odyssey Media Group, Inc.(the “Site”) and our mobile applications (the “Apps”), our products, and any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Site, Apps, or products (collectively, the “Content”). We refer to the Site, Apps, and our products throughout these Terms as the “Services”. These Terms are a legally binding agreement between you and Odyssey. Read this agreement carefully before using our services. Please direct all questions to [email protected].
Effective Date
These Terms are effective as of July 1, 2017.
How to Indicate Your Agreement
By clicking “I Agree”, you consent to these Terms. Without your consent, you cannot use our Services. By cicking “I Agree” , you also consent to our platform Rules and Guidelines.
Who can use Odyssey?
Odyssey is only for people 13 years or older. By posting on Odyssey, you confirm that you are above the minimum age and are not barred from doing so under applicable law.
Privacy Policy
We are committed to protecting the privacy of your information. Please see our Privacy Policy for information about how we collect, use, and disclose your information in connection with your access and use of the Services. By accessing or using the Services, you agree to the terms of our Privacy Policy.
Intellectual Property and Use of Services
The Services are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. Odyssey’s trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”), including, but not limited to, page headers, customer graphics, button icons and scripts, that are displayed in the Content of our Services are our property, unless as otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Content for commercial or public purposes without our express authorization. You may such material in limited quantities from the Content for your personal noncommercial use provided that our copyrights notice is affixed to the copied material. We reserve the right to terminate at any time your permission to make personal copies of material from the Content. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Odyssey.
Odyssey does not claim ownership of any Content that you post on or through the Services. However, you hereby grant Odyssey a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the Content that you post on or through the Services, and the right to sublicense, reproduce, prepare derivative works based on, distribute copies of, publicly display and publicly perform, your Content on, through or by means of the Services and any future Services we may offer or conduct.
You are solely responsible for the Content you submit or post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
As stated in our Privacy Policy, you can delete any of your posts, or your account, at any time. Processing the deletion may take time, but we will do it as quickly as possible. Please note that modifying, updating, or deleting any information will not guarantee the modification, updating, or deletion of any such information that may reside in back-up or disaster-recovery storage.
Copyright Policy
Odyssey respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances any account holders and subscribers users who are established to be repeat infringers. If you believe that anyone has violated your copyright rights through use of our Services, you may send us a notification of claimed infringement at DMCA Report.
You must comply with all applicable intellectual property laws, such as copyright, trademark, patent and trade secret laws, when posting Content to our Services. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting Content you did not create, you warrant and represent that you own the copyright with respect to such material or have received permission from the copyright owner.
Rights Odyssey Grants to You
Subject to your compliance with these Terms, Odyssey grants you access to view any Content that belongs to Odyssey. You agree that you won’t use any Content or articles except as expressly permitted in these Terms. Please follow the steps in accordance with the functionality of Odyssey’s services if you want to remove your Content and/or account. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed and copies of your content may continue to exist on the Services.
Prohibited Uses of the Services
You may use the Services only for lawful purposes and only for your personal noncommercial use, which includes viewing and requesting information about our Services. You are responsible for any communications you make to us through the Services. You agree that we retain all rights in our Services, including certain intellectual property rights. You agree not to copy or adapt any portion of our code or visual design elements (including logos) without our permission. You may not use our Services to do, or try to do, the following:
(a) submit information that is false, inaccurate, or not your own;
(b) engage in conduct that is illegal or would constitute a criminal offense;
(c) transmit information that is copyrighted or otherwise owned by a third party unless you are the copyright owner or you have the owner’s permission transmit it;
(d) transmit information that infringes on another person’s intellectual property or privacy rights;
(e) communicate information derived from the Services to foreign nations in violation of applicable export control laws;
(f) gain unauthorized access to our networks or otherwise interfere with our network security;
(g) access or tamper with non-public areas of our Services, our computer systems, or the systems of our technical providers;
(h) access or search our Services by any means other than what is made publicly available to our users,
(i) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services to send altered, deceptive, or false source-identifying information; or
(j) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of material or user accounts in such a manner as to interfere with or create an undue burden on our Services
(k) crawl our Services unless you do it in accordance with the provisions of our robots.txt file and agree not to scrape the Services or its Content.
Disclaimers of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SERVICES HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 13 YEARS OF AGE OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY MATERIALS PROVIDED ON THE SITE OR APP. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER ODYSSEY, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “OUR ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO THE SERVICES, EVEN IF WE OR AN ASSOCIATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION APPLIES TO ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR ANY OTHER LOSS OR HARM.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US IS TO STOP USING THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT ODYSSEY’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ODYSSEY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ODYSSEY AND OUR ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE OR APP BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN ODYSSEY AND YOU.
Governing Law and Disputes
This agreement is governed by California law without regard to its conflict of laws provisions.
You and Odyssey agree to resolve any claims relating to this agreement or the services through final and binding arbitration, except as set forth below. You can decline this agreement to arbitrate by clicking here: Opt-Out, and submitting the opt-out form within 30 days of first accepting this agreement. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Indianapolis, Indiana or any other location to which we agree. The AAA rules will govern payment of all arbitration fees. Odyssey will pay all arbitration fees for claims less than $75,000. Odyssey will not seek its attorney’s’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Odyssey may assert claims, if they qualify, in small claims court in Indianapolis, Indiana or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or intellectual property infringement (for example, trademark, trade secret, or copyright rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Odyssey agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Indianapolis, Indiana. Both you and Odyssey consent to venue and personal jurisdiction there.
Right of Modification and Termination
We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Services and ceasing to use our Services.
We reserve the right, without notice and for any reason, to remove any Content from the Site and App, correct any errors, inaccuracies, or omissions in any Content on the Site and App, change or update any Content on the Site and App, and to deny access of any user(s) to all or any part of the Services at any time, for any reason, and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You may stop using the Services at any time. The provisions relating to ownership of your Content posted by you, disclaimers, limitations of liability, dispute resolution and general terms survive any termination or cancellation of Services.
General Terms.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. If any provision of this agreement is found invalid by an arbitrator or a court, you agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of this agreement will remain in full effect. We may freely assign this agreement but you may not assign this agreement without our consent.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Questions and Feedback If you have any questions or comments about these Terms or our Services, please contact us at: mail: [email protected]