Terms of Service
Welcome to OddlyME LLC (“OddlyME”). We invite you to use the OddlyME smart phone application and the www.oddlyme.com website (collectively the “OddlyME App and Site”). By using or browsing the OddlyME App and Site, you are agreeing to the following terms and conditions (the "Agreement") that form a binding agreement between you and OddlyME and will govern your use of the OddlyME App and Site. If you do not wish to agree to these terms, you must cease use of the OddlyME App and Site.
The terms “OddlyME”, “the OddlyME App and Site”, "us" or "we" or "our" refers to OddlyME LLC, the owner and operator of the OddlyME App and Site. The term "You" refers to the person accessing or using the OddlyME App and Site, or the company or organization on whose behalf that person accesses the OddlyME App and Site.
- Our Services
OddlyME is a service that allows people to share photos that reflect their individuality through our OddlyME smart phone applications and our web site located at www.oddlyme.com (the "OddlyME App and Site" collectively referred to as the “Services”). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the OddlyME App and Site, including any content, information, products or services therein. This is a legal agreement between you and OddlyME and applies to you whether you are a registered user of the OddlyME App and Site ("Member") or a non-registered user just browsing (collectively "the OddlyME App and Site Users").
- Acceptance of Terms
You further acknowledge that by using the OddlyME App, you agree to be bound by Google’s Terms of Service.
- Third Party Sites
We do not have control over websites that the OddlyME App and Site may link to. The OddlyME App and Site may contain links to third party websites that are not owned, operated, or controlled by OddlyME. Therefore, we cannot and do not assume responsibility for the availability, content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the OddlyME App and Site you expressly relieve us from any and all liability arising from your use of any third party website.
- Requirements for Use
You are permitted to use the OddlyME App and Site, only if You: (1) are 13 years of age or older; (2) comply with our Terms of Service; (3) won't copy or distribute any part of the OddlyME App and Site in any medium without OddlyME’s prior written authorization; (4) do not change any part of the OddlyME App and Site other than in ways that may be reasonably necessary for you to use the OddlyME App and Site for their intended purposes; (5) provide accurate and complete information when creating an account; (6) acknowledge you are solely responsible for the activity that occurs while signed in to or while using the OddlyME App and Site; (7) do not collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes without permission from OddlyME; (8) do not use the communication systems provided by or contacts made on the OddlyME App and Site for any commercial solicitation purposes without permission from OddlyME; (9) acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (10) affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize the OddlyME App and Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across the OddlyME App and Site; (11) will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to the OddlyME App and Site; (12) grant each OddlyME App and Site user, whether using the OddlyME App and Site or an application developed via a third-party developer, a non-exclusive license to access your submissions through the OddlyME App and Site and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the OddlyME App and Site's functionality and under these Terms of Service; (13) do not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services and (14) affirm that we have the right to determine whether any of your submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- Your Account and OddlyME App and Site Profile
You will need to register by creating an account with Us in order to publish Content on the OddlyME App and Site. If You choose to create an account with Us, You agree to provide only accurate, complete registration information, and You will keep that information up-to-date if it changes. Access to the OddlyME App and Site is not authorized by any other person or entity using Your registration information and You are responsible for preventing such unauthorized use.
- Rules Regarding Information and other Content
When You use the OddlyME App and Site, You can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the OddlyME App and Site by You. You agree not to revise Content posted by others, and You agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by OddlyME in its sole discretion; or
- is false or inaccurate; or
- could damage our company, parent company, sister companies, affiliates, advertisers, or other parties; or
- is an advertisement or solicitation on the OddlyME App and Site without permission from OddlyME.
We may disclose your Personal Information to third parties whom you designate. We may also disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect and defend our rights or property, you, or third parties, or (c) prevent or investigate any illegal activity. You hereby consent to us sharing your Personal Information under the circumstances described herein.
If You elect to enable others to view or have access to the Content you submit to the OddlyME App and Site by publishing or sharing the Content on the public sections of the OddlyME App and Site, then, in doing so, you are enabling each user of the Services access to use, display, perform, distribute and modify your Content.
Though we strive to enforce these rules with all of our users, You may be exposed through the OddlyME App and Site or Services to Content that violates our policies or is otherwise offensive. You use the OddlyME App and Site and Services at Your own risk. Although there are commercially available services and software to limit access to material that You may find objectionable, we shall have no obligation, to provide such services and software, or enable such services or software to work with the Services.
We may, but are not obligated to, terminate user accounts and/or pre-screen, reject, review, quarantine, delete or move any Content from the OddlyME App and Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the OddlyME App and Site whether it violates our content policies or not.
- General Rules of User Conduct
It is our goal to make the use of our OddlyME App and Site and Services a good experience for all of our users, so You agree not to do any of the following:
- Conduct or promote any illegal activities while using the OddlyME App and Site or Services;
- Upload, distribute or print anything that may be harmful to others including minors;
- “stalk” or otherwise harass third parties whether individuals or companies;
- Attempt to reverse engineer or jeopardize the correct functioning of the OddlyME App and Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the OddlyME App and Site;
- Attempt to gain access to secured portions of the OddlyME App and Site to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the OddlyME App and Site or Services to generate unsolicited and not permitted email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the OddlyME App and Site or Services, or to interfere in any way with the proper functioning of the OddlyME App and Site and Services; or
- Impersonate another user.
- Access, Storage and Transmission
We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of OddlyME actions may impair or prevent you from accessing your Content or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that OddlyME has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
OddlyME may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Services to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by OddlyME and third parties that are located in the United States and other countries and that, as a result, your use of the Services will likely result in interstate data transmissions. You understand that OddlyME, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
- Non-Confidentiality and Security
You understand that information that You submit to us, such as Content and your preferences, is submitted precisely for the purpose of disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. OddlyME will use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that the OddlyME App and Site cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur.
- Optional Services
We may also allow third parties to access your information, but only with your permission, which will allow you to receive advertisements and purchase certain goods or services or benefit from deals related to good and services form these third parties ("Retailers"). You understand that we do not operate or control the products or services offered by Retailers. Retailers are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between You and Retailers. Retailers and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the OddlyME App and Site are accurate and comply with applicable laws.
We may change or discontinue the OddlyME App and Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth herein. In the event of any termination, You will immediately cease access to the OddlyME App and Site and Services.
- Disclaimers of Warranty
YOU AGREE THAT YOUR USE OF THE ODDLYME APPS AND SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ODDLYME , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ODDLYME APPS AND SITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ODDLYME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ODDLYME APPS AND SITE. ODDLYME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ODDLYME APPS AND SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ODDLYME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL ODDLYME , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ODDLYME APPS AND SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ODDLYME APPS AND SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ODDLYME APPS AND SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ODDLYME SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE ODDLYME APPS AND SITE ARE CONTROLLED AND OFFERED BY ODDLYME FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA AND WE MAKE NO REPRESENTATIONS THAT THE ODDLYME APPS AND SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ODDLYME APPS AND SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL ODDLYME BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.
ODDLYME RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION ODDLYME DEEMS APPROPRIATE REGARDING DISPUTES THAT YOU MAY HAVE WITH OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE ODDLYME APPS AND SITE AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION) WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ODDLYME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF ODDLYME TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS ON WARRANTIES OR LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless OddlyME, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the OddlyME App and Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OddlyME App and Site.
- Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the OddlyME App and Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. “OddlyME” is our trademark. Other product and company names that are mentioned on the OddlyME App and Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.
The content on the OddlyME App and Site, excluding all intellectual property of other sites obtained by way of API and linking, are owned by OddlyME. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to OddlyME, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by OddlyME is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the OddlyME App and Site and the content.
As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the OddlyME App and Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of Your intellectual property rights related to the Content in any manner we choose. If You have any rights to the Content that cannot be licensed to Us (such as moral rights in some countries), You unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Us or related to Our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask You to do the same. If you're a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. OddlyME’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The OddlyME App and Site User who uploaded or transmitted the Content that is the subject of a notice under this Section may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. If we receive a counter notification, we may reinstate the material in question.
- Electronic Communications
The communications between You and OddlyME use electronic means, whether You visit the OddlyME App and Site or send us emails, or whether OddlyME posts notices on the Service or communicates with You via email. For contractual purposes, You (a) consent to receive communications from OddlyME in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OddlyME provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights. You may also receive a copy of this Agreement via www.oddlyme.com.
- Changes to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to www.intellitaste.com, whether or not we provide you any other notice of such changes. It is Your sole responsibility to check the OddlyME App and Site from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the OddlyME App and Site. Your use of the OddlyME App and Site after any modifications to the Agreement indicates that You agree to such modified Agreement.
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of the Services. In connection with any modification of the Services, OddlyME may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Services, and you agree to permit OddlyME to deliver these to you (and you to receive them) as part of your use of the OddlyME App and Site.
- General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
By submitting any ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) OddlyME is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) OddlyME shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) OddlyME may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of OddlyME without any obligation of OddlyME to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from OddlyME under any circumstances.
These Terms of Service shall be governed by the internal substantive laws of the State of Georgia. Any claim or dispute between you and OddlyME that arises in whole or in part from the OddlyME App and Site shall be decided exclusively by a court of competent jurisdiction located in Georgia.
These Terms of Service, together with the Privacy Notice at http://oddlyme.com/terms-privacy/privacy-policy and any other legal notices published by OddlyME on the OddlyME App and Site, shall constitute the entire agreement between you and OddlyME concerning the OddlyME App and Site.
YOU AND ODDLYME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ODDLYME APP AND SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES . OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: February 1, 2015
Effective Date: February 1, 2015