620 lines
39 KiB
React
620 lines
39 KiB
React
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// @flow
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import React from 'react';
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import Page from 'component/page';
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import Card from 'component/common/card';
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const TOSPage = () => {
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return (
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<Page>
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<Card
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title="Terms of Service"
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body={
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<div>
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<p>
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<strong>Last Updated: October 2021</strong>
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</p>
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<p>
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<strong>
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. NOTE THAT SECTION 16 CONTAINS A BINDING ARBITRATION CLAUSE
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AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
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DO NOT ACCESS OR USE THE SERVICES.
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</strong>
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</p>
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<p>
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By clicking to agree to these Terms of Service (<strong>“Terms"</strong>) when running/installing our
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software, publishing content to Odysee, or by otherwise accessing or using the network [via proxy or
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direct], mobile applications and online services (collectively, our <strong>“Services"</strong>) of Odysee
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Inc. (<strong>“Company," “we," or “us"</strong>), you agree to be bound by these Terms. If you do not
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agree to these Terms, you may not access or use the Services for any purpose. Please refer to our Privacy
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Policy https://odysee.com/$/privacypolicy for information about how we collect, use and disclose
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information about you.
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</p>
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<p>You and the Company agree as follows:</p>
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<h3 id="toc_0">1. Overview of Odysee and the Services</h3>
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<p>
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<strong>“Odysee"</strong> is a decentralized, consensus-driven protocol that enables the publication and
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viewing of information, videos, music, data and other materials (<strong>“Content"</strong>). Content is
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distributed to Odysee by publishers and is stored in fragmented shards via a distributed network of
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third-party devices (<strong>“Hosts"</strong>) that utilize Odysee. Odysee also allows publishers to bid
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on and reserve names (<strong>“Names"</strong>), which can be used as a unique identifier for Content.
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Please consult Odysee.tech to learn more about the technical architecture of Odysee.{' '}
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</p>
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<p>
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The Services provide an interface for you to interact with Odysee, including to publish, access, or host
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Content through Odysee. The Odysee protocol is not owned, operated, or maintained by us. We have no
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responsibility or liability for Odysee, and the Company has no ability to control third parties’ use of
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Odysee. We are not able to delete or remove Content that has been published through Odysee and that may be
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accessible via the Services.{' '}
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</p>
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<h3 id="toc_1">2. Eligibility</h3>
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<p>
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You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or
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the age of legal majority where you live), you may only access or use our Services under the supervision
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of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian
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of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts
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or omissions of such user in connection with our Services. If you are accessing or using our Services on
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behalf of another person or entity, you represent that you are authorized to accept these Terms on that
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person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other
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person or entity violates these Terms.
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</p>
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<h3 id="toc_2">3. Publishing Content</h3>
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<p>This section applies if you use the Services to publish Content through Odysee. </p>
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<p>
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a) You will make available via the Services a clear and accurate description of Content you publish, and
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provide the Content in accordance with any descriptions or representations you make available about the
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Content. You are solely responsible for resolving any disputes with users of your Content, including any
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chargebacks or refunds, and for any and all injuries, illnesses, damages, claims, liabilities and costs
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that are caused in whole or in part by you or your Content. Publishing to a blockchain is permanent. We
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cannot remove published content from the blockchain itself, although we can block content accessed via our
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app or other services on top of the blockchain.
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</p>
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<p>
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b) Odysee enables publishers to offer Content for sale to other users by setting contract terms within the
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metadata of the Content. Company, in its sole discretion, may from time to time impose limits on the
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ability to sell Content via the Services. Upon the purchase of Content, you and the purchaser of your
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Content will enter into a separate agreement, pursuant to which that purchaser agrees to pay the specified
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fees for the Content and you agree to enable access to your Content. You are solely responsible for
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providing refunds as required to comply with applicable law. You are responsible for determining what, if
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any, taxes apply to your sale of Content, including, for example, sales, use, value added, and similar
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taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the
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appropriate tax authorities. The Company is not responsible for withholding, collecting, reporting, or
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remitting any sales, use, value added, or similar tax arising from any transaction completed via the
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Services.
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</p>
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<p>
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c) The Company is not a party to and has no responsibility or liability with respect to any
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communications, transactions, interactions, disputes or any relations whatsoever between you and any users
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of the Content. We will not be responsible for any loss, misuse, or deletion of Content or any failure of
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any Content to be encrypted, stored or distributed.. You are solely responsible for your use of the
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Services, including for configurations that you deem appropriate to determine access to your Content by
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other users in a manner that meets your expectations. You are solely responsible for backing up any
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Content. We are not responsible for any user’s access to your Content or any user’s misuse or
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redistribution of Content.{' '}
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</p>
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<p>
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d) You will not use the Services to reserve a Name that infringes any patent, trademark, trade secret,
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copyright or other intellectual or proprietary right of any party.
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</p>
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<p>
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e) We make no representations or warranties regarding the suitability of the Services for the distribution
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and publishing of any particular types of data. By posting any Content or reserving a Name, you represent
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and warrant that you have the lawful right, including all necessary intellectual property rights, to
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distribute and reproduce such Content or use such Name for any purpose, commercial or otherwise. You will
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provide all notices to, and obtain any consents from third parties as required by applicable law in
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connection with the distribution and publishing of Content via the Services.{' '}
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</p>
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<p>f) You will not use the Services to distribute or publish Content that:</p>
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<ul>
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<li>
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is unlawful, for example, copyrighted works, underage sexual content, revenge pornography, or any other
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content illegal under US or state law.
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</li>
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<li>
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would constitute, encourage or provide instructions for a criminal offense, violate the rights of any
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party, or that would otherwise create liability or violate any applicable local, state, national or
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international law;
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</li>
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<li>
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infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of
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any party;
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</li>
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<li>
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impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
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</li>
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<li>
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contains sensitive personal information, including "protected health information," as defined under
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HIPAA and its implementing rules; “cardholder data," as defined by the PCI DSS; “personal information"
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of a “child" as such terms are defined under the Children’s Online Privacy Protection Act and its
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implementing rules; or personal data revealing racial or ethnic origin, political opinions, religious or
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philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for
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the purpose of uniquely identifying a natural person, data concerning health or data concerning a
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natural person's sex life or sexual orientation;
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</li>
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<li>
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contains viruses, corrupted data or other harmful, disruptive or destructive files; UNLESS CLEARLY
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LABELED AS SUCH
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</li>
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<li>
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in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person
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from using or enjoying Odysee or the Services, or which may expose the Company or its users to any harm
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or liability of any type.
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</li>
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<li>
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USD equivalent of Odysee Credits [LBC] is determined by 3rd party markets such as Bittrex and Poloniex,
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not Odysee INC.
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</li>
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</ul>
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<h3 id="toc_3">4. Accessing Content</h3>
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<p>This section applies if you use the Services to access Content that has been stored through Odysee.</p>
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<p>
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a) In using our Services, you may view or otherwise interact with Content provided by publishers. Your
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dealings or correspondence with any publisher of Content are solely between you and that publisher. The
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Company is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused,
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by or in connection with any such dealings, including the delivery, quality, safety, legality or any other
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aspect of any Content that you may access using our Services.
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</p>
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<p>
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b) In certain instances, your access to Content may be subject to sale terms set forth in the metadata of
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the Content. Company, in its sole discretion, may from time to time impose limits on the ability to
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purchase Content via the Services. Upon your access of any purchased Content, you and the publisher will
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enter into a separate agreement, pursuant to which you agree to pay the specified fees for the Content and
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the publisher agrees to make such Content available to you. THE COMPANY DOES NOT HAVE THE POWER OR
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RESPONSIBILITY TO PROVIDE ANY REFUNDS. You agree to look solely to the publisher to resolve any disputes
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regarding Content, and that publishers are solely responsible for providing any refunds.
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</p>
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<p>
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c) All payments for content will be made using LBC and occur on the Odysee blockchain. Purchaser is buying
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the right to access content for personal non-commercial use unless content creator provides a license for
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commercial use or remixing.
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</p>
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<h3 id="toc_4">5. Hosting Content</h3>
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<p>
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This section applies to you if you host any Content via Odysee using the Services. The Services allow
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Hosts to make available storage space (<strong>“Space"</strong>) on the Host’s device for the storage of
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Content published through Odysee By making available Space on your device, you authorize any user of our
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Services to: (i) store Content published through Odysee onto your device; and (ii) access such Content
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from your device at any time.{' '}
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</p>
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<p>
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a) You represent and warrant that (i) you own or control your device, and have the right to provide the
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Space on your device pursuant to these Terms; and (ii) you will not breach any agreement to which you are
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a party in connection with your performance under these Terms, including any agreement you have with a
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third-party Internet service provider.{' '}
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</p>
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<p>
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b) By allowing Space to be utilized to store Content distributed through Odysee, you understand that your
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device may be impacted due to the additional constraints being placed on it by the processing of Content.
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In particular, your device may not operate as quickly as it would without making Space available for
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others to utilize.{' '}
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</p>
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<p>
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c) You will not: (i) reverse engineer any aspect of the Content stored on your device or do anything that
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might discover the contents or origin of the Content; (ii) attempt to bypass or circumvent measures
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employed to prevent or limit access to the Content, including attempting to defeat any encryption; or
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(iii) attempt to interfere with the storage or transmission of Content.
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</p>
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<h3 id="toc_5">6. General Conduct Restrictions</h3>
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<p>
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You are solely responsible for your conduct while using the Services. You will comply with all applicable
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laws and third-party agreements to which you are bound. Further, you will not do any of the following in
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connection with the Services or any other users:{' '}
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</p>
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<p>
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a) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other
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users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning
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of the Services in any manner;
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</p>
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<p>
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b) Impersonate or distribute Content on behalf or any person or entity or otherwise misrepresent your
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affiliation with a person or entity;
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</p>
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<p>c) Cheat or utilize unauthorized exploits in connection with the Services; </p>
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<p>d) Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users; </p>
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<p>
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e) Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters,
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or pyramid schemes;
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</p>
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<p>
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f) Harvest or otherwise collect information about users, including email addresses, without their consent;
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</p>
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<p>
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g) Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any
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illegal activity, or any activity that violates these Terms;{' '}
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</p>
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<p>
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h) Use the Services to distribute Content that you do not have the lawful right to distribute or
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reproduce; or
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</p>
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<p>
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i) Circumvent or attempt to circumvent any filtering, security measures or other features we may from time
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to time adopt to protect the Company, the Services, its users or third parties.
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</p>
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<p>
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The Company does not endorse or adopt any Content and you acknowledge and agree that the Company will have
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no responsibility for any Content, including without limitation, material that may be misleading,
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incomplete, erroneous, offensive, indecent or otherwise objectionable. Enforcement of the Content rules
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set forth in these Terms is solely at our discretion, and subject to our technical capabilities. Failure
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to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in
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other instances. In addition, these rules do not create any private right of action on the part of any
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third party or any reasonable expectation that the Services will not link to any Content that is
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prohibited by such rules.{' '}
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</p>
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<h3 id="toc_6">7. Limited License; Copyright and Trademark</h3>
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<p>
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Our Services and the text, graphics, images, photographs, illustrations, trademarks, trade names, service
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marks, logos, slogans and other content contained therein (collectively, the{' '}
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<strong>“Company Marks"</strong>) are owned by Company and its licensors and are protected under both
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United States and foreign laws, and may not be copied, imitated or used, in whole or in part, without our
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or the applicable licensor’s prior written permission. You may not use any metatags or other “hidden text"
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utilizing any Company Marks without our prior written permission. Further, you may not use, frame or
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utilize framing techniques to enclose any Company Mark, the content of any text or the layout or design of
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any page or form contained on a page, on the Services without the Company’s express written consent.
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</p>
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<h3 id="toc_7">8. Open Source Software</h3>
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<p>
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a) We may, from time to time, release the source code for certain of the software that supports our
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Services. You agree to be bound by, and comply with, any license agreement that applies to this open
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source software. You will not indicate that you are associated with Company in connection with any of your
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modifications or distributions of this open source software.{' '}
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</p>
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<p>
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b) The source code we release in connection with open source software is not part of the Services, and
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your use of that source code without interacting with our Services is not subject to these Terms. For
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clarity, though, when we host any software and enable you to access and use such software as a service
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through our Services, then these Terms will apply to such access and use.{' '}
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</p>
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<h3 id="toc_8">9. YouTube Sync Program Terms</h3>
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<p>
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a) If you participate in the YouTube Sync Program, you also agree to{' '}
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<a href="https://www.youtube.com/t/terms" rel="noopener">
|
|||
|
|
YouTube's Terms of Service (https://www.youtube.com/t/terms)
|
|||
|
|
</a>{' '}
|
|||
|
|
and{' '}
|
|||
|
|
<a href="https://www.google.com/policies/privacy" rel="noopener">
|
|||
|
|
Google's Privacy Policy (https://www.google.com/policies/privacy).
|
|||
|
|
</a>{' '}
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
b) To revoke Odysee's access to your YouTube account or manage your security preferences, please{' '}
|
|||
|
|
<a href="https://security.google.com/settings/security/permissions" rel="noopener">
|
|||
|
|
refer to your Google Security and Permissions Page
|
|||
|
|
(https://security.google.com/settings/security/permissions).
|
|||
|
|
</a>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_9">10. Feedback</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Any questions, comments, suggestions, ideas, original or creative materials or other information you
|
|||
|
|
submit about the Company or our products or Services (collectively, <strong>“Feedback"</strong>), is
|
|||
|
|
non-confidential and will become the sole property of the Company. We will own exclusive rights,
|
|||
|
|
including, without limitation, all intellectual property rights, in and to Feedback and will be entitled
|
|||
|
|
to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without
|
|||
|
|
acknowledgment or compensation to you.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_10">11. Copyright Complaints</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the
|
|||
|
|
intellectual property rights of others. If you believe that anything on our Services infringes any
|
|||
|
|
copyright that you own or control, you may notify the Company’s Designated Agent as follows:
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Designated Agent: Odysee INC Address: 99 Hanover St, Manchester, NH 03101 Telephone Number: 907-318-5956
|
|||
|
|
Fax Number: 801-327-6808
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<p>E-Mail Address: hello@odysee.com</p>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if
|
|||
|
|
you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable
|
|||
|
|
to the Company for certain costs and damages.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_11">12. Indemnification</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the
|
|||
|
|
Company and our officers, directors, agents, partners and employees (individually and collectively, the{' '}
|
|||
|
|
<strong>“Company Parties"</strong>) from and against any loss, liability, claim, demand, damages, expenses
|
|||
|
|
or costs (including attorney’s fees) (<strong>“Claims"</strong>) arising out of or related to (a) your
|
|||
|
|
access to or use of our Services; (b) your Content or any Name that you have reserved; (c) your violation
|
|||
|
|
of these Terms; or (d) your violation, misappropriation or infringement of any rights of another
|
|||
|
|
(including intellectual property rights or privacy rights). You agree to promptly notify Company Parties
|
|||
|
|
of any third party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs
|
|||
|
|
and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You
|
|||
|
|
also agree that the Company Parties will have control of the defense or settlement of any third party
|
|||
|
|
Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written
|
|||
|
|
agreement between you and the Company or the other Company Parties.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_12">13. Disclaimers</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
<strong>
|
|||
|
|
Your use of our Services is at your sole risk. Our Services are provided “as is" and “as available"
|
|||
|
|
without warranties of any kind, either express or implied, including, but not limited to, implied
|
|||
|
|
warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In
|
|||
|
|
addition, the Company does not represent or warrant that our Services are accurate, complete, reliable,
|
|||
|
|
current or error-free. While the Company attempts to make your access to and use of our Services safe,
|
|||
|
|
we cannot and do not represent or warrant that our Services or servers are free of viruses or other
|
|||
|
|
harmful components. You assume the entire risk as to the quality and performance of the Services.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_13">14. Limitation of Liability</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
<strong>
|
|||
|
|
The Company and the other Company Parties will not be liable to you under any theory of
|
|||
|
|
liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any
|
|||
|
|
indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if the
|
|||
|
|
Company or the other Company Parties have been advised of the possibility of such damages.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
<strong>
|
|||
|
|
The total liability of the Company and the other Company Parties, for any claim arising out of or
|
|||
|
|
relating to these Terms or our Services, regardless of the form of the action, is limited to the greater
|
|||
|
|
of any amount paid, if any, by you to access or use our Services or $100 USD.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
<strong>
|
|||
|
|
The limitations set forth in this section will not limit or exclude liability for the gross negligence,
|
|||
|
|
fraud or intentional misconduct of the Company or other Company Parties or for any other matters in
|
|||
|
|
which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do
|
|||
|
|
not allow the exclusion or limitation of incidental or consequential damages, so the above limitations
|
|||
|
|
or exclusions may not apply to you.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_14">15. Release</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties
|
|||
|
|
from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and
|
|||
|
|
nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related
|
|||
|
|
to disputes between users and the acts or omissions of third parties.{' '}
|
|||
|
|
<strong>
|
|||
|
|
You expressly waive any rights you may have under California Civil Code § 1542 as well as any other
|
|||
|
|
statute or common law principles that would otherwise limit the coverage of this release to include only
|
|||
|
|
those claims which you may know or suspect to exist in your favor at the time of agreeing to this
|
|||
|
|
release.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_15">16. Dispute Resolution; Arbitration</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
<strong>
|
|||
|
|
Please read the following section carefully because it requires you to arbitrate certain disputes and
|
|||
|
|
claims with the Company and limits the manner in which you can seek relief from us.
|
|||
|
|
</strong>
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_16">16.1. Binding Arbitration</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively,{' '}
|
|||
|
|
<strong>“Disputes"</strong>) in which either party seeks to bring an individual action in small claims
|
|||
|
|
court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property,
|
|||
|
|
including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you
|
|||
|
|
and the Company (a) waive your and the Company’s respective rights to have any and all Disputes arising
|
|||
|
|
from or related to these Terms or the Services resolved in a court, and (b) waive your and the Company’s
|
|||
|
|
respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding
|
|||
|
|
arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute
|
|||
|
|
and making a final and binding determination to resolve it instead of having the Dispute decided by a
|
|||
|
|
judge or jury in court).
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_17">16.2. No Class Arbitrations, Class Actions or Representative Actions</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Any Dispute arising out of or related to these Terms or the Services is personal to you and the Company
|
|||
|
|
and will be resolved solely through individual arbitration and will not be brought as a class arbitration,
|
|||
|
|
class action or any other type of representative proceeding. There will be no class arbitration or
|
|||
|
|
arbitration in which an individual attempts to resolve a Dispute as a representative of another individual
|
|||
|
|
or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative
|
|||
|
|
action, whether within or outside of arbitration, or on behalf of any other individual or group of
|
|||
|
|
individuals.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_18">16.3. Federal Arbitration Act</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
These Terms affect interstate commerce and the enforceability of this Section 16 will be both
|
|||
|
|
substantively and procedurally governed by and construed and enforced in accordance with the Federal
|
|||
|
|
Arbitration Act, 9 U.S.C. § 1 et seq. (the <strong>“FAA"</strong>), to the maximum extent permitted by
|
|||
|
|
applicable law.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_19">16.4. Notice; Informal Dispute Resolution</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty
|
|||
|
|
(30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute
|
|||
|
|
informally. Notice to the Company will be sent by e-mail to the Company at hello@odysee.com. Notice to you
|
|||
|
|
will be by email to the then-current email address in your Account. Your notice must include (a) your
|
|||
|
|
name, postal address, email address and telephone number, (b) a description in reasonable detail of the
|
|||
|
|
nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and the Company
|
|||
|
|
cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the
|
|||
|
|
applicable party, then either you or the Company may, as appropriate and in accordance with this Section
|
|||
|
|
16, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a
|
|||
|
|
claim in court.{' '}
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_20">16.5. Process</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Any arbitration will occur in New Castle County, Delaware. Arbitration will be conducted confidentially by
|
|||
|
|
a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (
|
|||
|
|
<strong>“JAMS"</strong>), which are hereby incorporated by reference. The state and federal courts located
|
|||
|
|
in New Castle County, Delaware will have exclusive jurisdiction over any appeals and the enforcement of an
|
|||
|
|
arbitration award. You may also litigate a Dispute in the small claims court located in the county where
|
|||
|
|
you reside if the Dispute meets the requirements to be heard in small claims court.{' '}
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_21">16.6. Authority of Arbitrator</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the
|
|||
|
|
exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute,
|
|||
|
|
including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy
|
|||
|
|
that would otherwise be available in court; provided, however, that the arbitrator does not have the
|
|||
|
|
authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.
|
|||
|
|
The arbitrator may only conduct an individual arbitration and may not consolidate more than one
|
|||
|
|
individual’s claims, preside over any type of class or representative proceeding or preside over any
|
|||
|
|
proceeding involving more than one individual.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_22">16.7. Rules of JAMS</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
The rules of JAMS and additional information about JAMS are available on the{' '}
|
|||
|
|
<a href="http://www.jamsadr.com/" rel="noopener">
|
|||
|
|
JAMS website.
|
|||
|
|
</a>{' '}
|
|||
|
|
By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and
|
|||
|
|
understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that
|
|||
|
|
the rules of JAMS are unfair or should not apply for any reason.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_23">17. Governing Law and Venue</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
These Terms and your access to and use of the Services will be governed by and construed and enforced in
|
|||
|
|
accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles
|
|||
|
|
(whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws
|
|||
|
|
of any other jurisdiction. Any Dispute between the parties arising out of or relating to these Terms that
|
|||
|
|
is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or
|
|||
|
|
federal courts of the State of Delaware and the United States, respectively, sitting in New Castle County,
|
|||
|
|
Delaware.{' '}
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_24">18. Severability</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause
|
|||
|
|
or provision will be severable from these Terms and will not affect the validity or enforceability of any
|
|||
|
|
remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_25">19. Termination or Suspension</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole
|
|||
|
|
discretion, to terminate this agreement or suspend your right to access the Services. You may terminate
|
|||
|
|
this agreement without notice by discontinuing use of the Services. All rights and licenses granted to you
|
|||
|
|
under these Terms will immediately be revoked upon our termination of the agreement or our suspension of
|
|||
|
|
your access to the Services. We make no representations that termination or suspension of the Services
|
|||
|
|
will prevent the spread or distribution of published Content through Odysee.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_26">20. Amendment</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
We reserve the right to change these Terms from time to time upon notice to you. If we make changes to
|
|||
|
|
these Terms, we will provide notice of such changes by posting the revised Terms to the Services and
|
|||
|
|
updating the “Last Updated" date at the top of these Terms. In some cases, we may provide additional
|
|||
|
|
notice to you, such as via our Services or to an email address associated with your Account. Your
|
|||
|
|
continued use of the Services following our provision of any such notice will confirm your acceptance of
|
|||
|
|
the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.{' '}
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_27">21. Survival</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
The following sections will survive the expiration or termination of these Terms: all defined terms and
|
|||
|
|
Sections 12 - 18, 21 and 22.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_28">22. Miscellaneous</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
These Terms constitutes the entire agreement between you and the Company relating to your access to and
|
|||
|
|
use of the Services. We may assign our rights and obligations under these Terms. Under no circumstances
|
|||
|
|
may you assign your rights and obligations under these Terms, including in the event of change of control
|
|||
|
|
or by operation of law, without our prior written consent. The failure of the Company to exercise or
|
|||
|
|
enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We
|
|||
|
|
will not be liable for any delay or failure to perform any obligation under these Terms where the delay or
|
|||
|
|
failure results from any cause beyond our reasonable control. Except as otherwise provided in herein, the
|
|||
|
|
agreement is intended solely for the benefit of the parties and are not intended to confer third-party
|
|||
|
|
beneficiary rights upon any other person or entity.
|
|||
|
|
</p>
|
|||
|
|
|
|||
|
|
<h3 id="toc_28">23. Export Control and Prohibited Use</h3>
|
|||
|
|
|
|||
|
|
<p>
|
|||
|
|
Use of the Service and Software, including transferring, posting, or uploading data, software or other
|
|||
|
|
Content via the Service, may be subject to the export and import laws of the United States and other
|
|||
|
|
countries. You agree to comply with all applicable export and import laws and regulations. In particular,
|
|||
|
|
but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed
|
|||
|
|
countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the
|
|||
|
|
U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you
|
|||
|
|
represent and warrant that you are not located in any such country or on any such list. You also agree
|
|||
|
|
that you will not use the Software or Service for any purposes prohibited by United States law, including,
|
|||
|
|
without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or
|
|||
|
|
biological weapons. You further agree not to upload to your Account any data or software that is: (a)
|
|||
|
|
subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written
|
|||
|
|
government authorization, including, but not limited to, certain types of encryption software and source
|
|||
|
|
code, without first obtaining that authorization. This assurance and commitment shall survive termination
|
|||
|
|
of this Agreement.
|
|||
|
|
</p>
|
|||
|
|
</div>
|
|||
|
|
}
|
|||
|
|
/>
|
|||
|
|
</Page>
|
|||
|
|
);
|
|||
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};
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export default TOSPage;
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