ODIENCE Term of Use
1. ACCEPTANCE OF TERMS
By using the services provided by the present website you accept the present TOU as well as any updates of the present TOU or changes to come on the service or website. ODIENCE will be entitled to modify the present TOU without prior acceptance from you. You shall be free to leave the service provided if you do not accept any modification to the present TOU. The site will, however, provide reasonable efforts to notify you of changes to its policies. Any omission to do so shall not grant any liability from ODIENCE.
2. DESCRIPTION OF SERVICE
ODIENCE's service enables you, among other things, through the use of the service, whether on the Site to (i) view content broadcasted live by other people on the sites; and (ii) broadcast live from any computer webcam or IOS device scenes of life that respect limitations and restrictions set by the Site. For the avoidance of doubt, any reference to the Service in this TOU shall include, without limitation, a reference to all the services of ODIENCE provided on or through the Software and/or the use thereof. Unless explicitly stated otherwise, any new features added to or augmenting the Service are subject to this TOU.
AT THIS STAGE THE SERVICE IS AT A BETA STAGE AND THEREFORE WILL NOT BE FULLY AVAILABLE AND WILL NOT BE PROVIDED AT A STABILITY OF A POST-BETA RELEASED PRODUCT.
3. UNLAWFUL USE AND CONDUCT
Any user of the services provided by ODIENCE must respect any rules or regulations applicable to the user in his or her region of the world. ODIENCE shall not be held liable for infringements to local laws that may not permit the use of the service provided in certain circumstances. It is the users responsibility to abide to laws or regulations applicable to him or her.
Not all features are made readily available to visitors of ODIENCE website. In order to fully appreciate the total extent of the service provided you must register with ODIENCE.
We remind you to keep your passwords secret and that ODIENCE will never send you an email asking you for your password.
5. ABILITY TO ACCEPT TERMS OF SERVICE
ODIENCE is only intended for use by people 16 years and older. To use the service you must therefore be at least16 years of age or have your parents, or any legal representatives agreement to do so, you must accept and be able to accept all rules and conditions etc. set here by the TERMS OF SERVICE “TOU”.
You are responsible for all the content you broadcast on ODIENCE and hereby accept to replace ODIENCE and be held personally responsible for any liability ODIENCE may be considered redeemable concerning content you have broadcasted.
8. USER CONDUCT
You agree and waive all liability from ODIENCE concerning any posts, boradcasts or any intervention by a third party on ODIENCE, by using our services you accept that the only responsible person for any form of content is the person who provided the content (i.e. not ODIENCE). ODIENCE is not
ODIENCE will not be held liable concerning the accuracy of any content put public on its service. The user, therefore YOU, are solely reponsible of your activity on ODIENCE.
In no circumstance will ODIENCE be held liable for lost content on the service it provides. It is up to the user to back up his or her content.
As we do not systematically monitor the content people may share on ODIENCE you accept the risk that you may be exposed to content contrary to our TOU and other applicable rules. If you are exposed to any kind of incorrect use of the service you may report the user to ODIENCE which reserves hereby its rights to investigate and report this in abiding user to the competent authorities. You agree that ODIENCE will have the right to change, delete, save, reuse in court or any other public place content that you post. You hereby agree that ODIENCE may, alone, decide to refuse broadcasting any user, with or without any reason that may or may not be contrary to the present TOU. You therefore equally agree that ODIENCE may terminate your account should you share content contrary to the TOU or to basic “bona fide” understandings of what is morally acceptable to share.
It is ABSOLUTELY not allowed to share any content that may infringe copyright of third parties or any other intellectual property rights.
You hereby agree not to share any content that may be appreciated as:
- (a) broadcasting, posting, transmitting, or displaying materials containing obscene or pornographic content;
- (b) broadcasting, posting, transmitting, or displaying Content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortious, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, Content that promotes or condones bigotry, prejudice, racism, or hatred, as well as other Content that is racially or ethnically objectionable;
- (c) broadcasting, posting, transmitting, or displaying Content that exploits children or otherwise harms minors;
- (d) violating the rights of another individual or entity, including but not limited to any of such party's intellectual property rights;
- (e) broadcasting, posting, transmitting, or displaying Content, including but not limited to tags/links placed on such user Content, that infringes upon any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right of a third party unless you have the permission from the rightful owner to post the Content and to grant ODIENCE all of the license rights granted herein;
- (f) broadcasting, posting, transmitting, displaying, or linking to material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, and software used for game emulation;
- (g) interfering with or disrupting the Service and/or the servers or networks connected to the Service or to other users of the Service or circumventing, disabling or interfering with security features on the ODIENCE Site;
- (h) broadcasting, posting, transmitting, or displaying unsolicited advertisements or advertisements in Content identified as advertisements free, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
- (i) stalking or otherwise harassing another person;
- (j) impersonating any person or entity, including, but not limited to, a ODIENCE employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- (k) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service;
- (l) broadcasting, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (m) broadcasting, posting, transmitting, or displaying any material 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 including without limitations spyware, trojan horse, malicious code, time-bomb etc.;
- (n) violating any applicable local, state, national or international law, and any applicable regulations having the force of law;
- (o) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or
- (p) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) ODIENCE determines, in its sole discretion, is inappropriate for transmission through the Service.
ODIENCE reserves its rights to terminate immediately any account which uses any kind of automated systems whatsoever, unless otherwise authorized by ODIENCE.
Only people are supposed to use our service. You shall not use ODIENCE for any commercial purposes unless otherwise authorized by ODIENCE.
You hereby agree that your account and any affiliated information or content whatsoever may be deleted from the website and its servers at the sole discretion of ODIENCE without any prior notice or liability due to you by ODIENCE. This may be the consequence of, but is not limited to the forecomming, (a) sollicitation on the part of state authorities, (b) infringement to any policy set by ODIENCE, (c) morally inacceptable content, (d) court orders, (e) discontinuance of the service or modifications of the service, (f) inactivity.
10. INTELLECTUAL PROPERTY
All information or content shared on ODIENCE is protected by copyright laws. You are responsible to respect all intellectual property laws and regulations applicable and may therefore only make available content for which you have a right to broadcast. You shall be particularly respectful concerning the right of individuals to their image and shall make sure you always have the consent of these individuals to be broadcasted.
The ownership of intellectual property rights belongs to YOU concerning your content.
By broadcasting content on ODIENCE you agree to grant a non exclusive right to ODIENCE on your content to sublicense, tranfer, publish, or use, or give for use in any way possible your content. Equally you grant all users and viewer of the service a non-exclusive right to access your content through the site without limitation.
Except for Content included by third parties (including our users), all aspects of the Service and the Site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the Site, are protected by copyrights, trademarks, service marks, and/or other proprietary rights under all applicable laws. By using or accessing this Service you agree to comply with all applicable laws that protect ODIENCE's proprietary interests in the material appearing on the service. All content on the service is to be accessed for personal consumption, therefore, you shall not derive content for commercial purposes.
11. HOW TO MAKE CLAIMS OF CONCERNING COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
ODIENCE wishes to protect your I.P. rights and shall act accordingly. If you believe your rights have been infringed on our service please notify us :
Avenue Eugène-Pittard 15
By email: firstname.lastname@example.org
Please only contact us if you firmly believe and can provide (a) proof of ownership of the infringed rights, (b) what material on ODIENCE and how this content infringes your rights, (c) a contact information, (d) a written statement that you accept liability should you not be entitled to I. P. right on the infringed content.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE, THE SITE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, THE SITE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ODIENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICE, THE SOFTWARE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. ODIENCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE THROUGH THIS SITE OR THE SERVICE OR THE SOFWTARE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE OR THE SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) BROACASTING CONTENT AND/OR WATCHING THE BRADCASTED CONTENT AND/OR OTHERWISE USING THE CONTENT INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SITE OR SERVICE, (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 THE SITE OR SERVICE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR THE SERVICE 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 BROADCASTED, POSTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE. ODIENCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CONTENT, THE SITE OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ODIENCE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ODIENCE OR THROUGH THE ODIENCE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT ODIENCE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ODIENCE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO THE SITE AND/OR THE SERVICE AND/OR THE SOFTWARE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
14. EXCLUSIONS AND LIMITATIONS
AS SOME JURISDICTIONS MAY NOT ACCEPT TOTAL EXCLUSIONS OF LIABILITY, YOU AGREE, IN THIS CASE, THAT ODIENCE'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF CHF 5.- (FIVE SWISS FRANCS).
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, REPLACE, DEFEND, AND HOLD HARMLESS ODIENCE, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST ODIENCE, ITS EMPLOYEES, AGENTS, AND/OR REPRESENTATIVES ("CLAIM") TO THE EXTENT SUCH CLAIM, ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR ACCESS OR USE OF THE SITE, SERVICE, OR SOFTWARE, YOUR VIOLATION OF THIS TOU, OR OF ANY RIGHTS OF ANOTHER, INCLUDING, WITHOUT LIMITATION, ACCESS OR USE OF THE SITE OR SERVICE BY SOMEONE ELSE, OR VIOLATION BY SUCH OTHER PERSON OF THE TOU, USING YOUR COMPUTER OR USER NAME. THIS INDEMNIFICATION AGREEMENT ALSO APPLIES (WITHOUT LIMITING) TO ANY CLAIM, DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, SITE OR SOFTWARE (I) THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR USER ID / NAME INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY UNDER ANY LOCAL, INTERNATIONAL, FEDERAL, OR STATE LAW; (II) THAT YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY.
YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING. THIS DEFENSE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THESE TOU AND YOUR USE OF THE SITE, SERVICE AND/OR SOFTWARE.
16. GOVERNING LAW
The Site is controlled and offered by ODIENCE from its facilities in Switzerland. ODIENCE makes no representations that the ODIENCE Site is appropriate or available for use in other locations. Those who access or use the ODIENCE Site from other jurisdictions do so at their own will and are responsible for compliance with local law.
The TOU and the relationship between you and ODIENCE shall be exclusively governed by and construed in all respects under the laws of Switzerland without giving effect to any choice-of-law or conflict-of-laws provisions. You agree by using the service that: (i) the ODIENCE Site shall be deemed solely based in Switzerland; and (ii) the ODIENCE Site shall be deemed a passive Site that does not give rise to personal jurisdiction over ODIENCE, either specific or general, in jurisdictions other than Switzerland. You and ODIENCE further agree to submit to the personal jurisdiction of the courts located in Geneva, Switzerland, for any and all legal claims, suits or actions that arise in connection with this service or concerning questions of interpretation. The swiss supreme court being the last court of appeal.
- (A) Waiver And Severability. Should ODIENCE not pursue to enforce any rules set here, this does not constitute renunciation to this or these rights. Furthermore, should certain rules be considered invalid, the parties here agree that invalidation of certain rules won’t cause the entire TOU to be considered null & void. The TOU is to remain effective even if a majority of its clauses were to be deemed unlawful by a competent judicial authority.
- (C) No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this TOU.
- (D) No Right Of Survivorship; Non-Transferability. You agree that your ODIENCE User Name is non-transferable and any rights to your User Name/ or Content terminate upon your death.
- (E) Statute Of Limitations. YOU HEREBY AGREE BY USING THE SERVICE THAT YOU MUST FILE YOUR CLAIM WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION OR CLAIM HAS ARISED OF FACE THE AGREED PENALTY OF BEING FOREVER BARRED.
- (F) BY “USING THE SERVICE” OR “SERVICE” OR ANY OF THE RULES SET HERE IN THIS “TOU” WE REFER TO USERS THAT ARE REGISTERED ON OUR SERVICE AS WELL AS VISITING USERS THAT MAY HAVE NOT YET REGISTERED THEMSELVES.