Welcome to The Odyssey Online, a social media company that gives authors and artists a platform to express themselves and share their thoughts and perspectives. You are now reading our Terms of Service, a legally binding agreement between you and Olympia Media Group, LLC (“Odyssey”) governing your use of our website located at www.theodysseyonline.com [and our mobile app]. Read this agreement carefully before you use our website or mobile app. If you have any questions feel free to send us a note at email@example.com.
How to Indicate Your Agreement
By clicking the “I Agree” button below, you will agree to be bound by this agreement and all the terms in it. If you don’t agree, then you may not use our website, [mobile app] or related services.
Who can use Odyssey?
You can only use our website and services if you are 13 years or older and are not barred from doing so under applicable law. You can simply browse and read content you find on the services but if you want to use certain features, including if you want to receive content that we recommend for you based on what you read on the services, you’ll need to create an account with a username and password and become a member. You can do this via our website or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. You agree to keep your account information up to date.
Content on the Services
There’s a lot of great content on the services, including text, graphics, images and information or other materials. Some of the content belongs to us – for example our descriptions of how Odyssey got started or photographs of our team. Some of the content belongs to our users who contribute the content that you access via the services – referred to in this agreement as “articles”. Any content that you provide to us, including comments you make on content and articles you read, is called “your content”. Your content (not surprisingly!) is yours and nothing in this agreement restricts any rights that you have to use it now and forever.
Rights You Grant to Odyssey
By submitting your content to us via services you grant to Odyssey a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, reproduce, prepare derivative works based on, distribute copies of, publicly display and publicly perform, your content on, through or by means of the Services and any future services we may offer or conduct. You’re responsible for your content. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
Rights Odyssey Grants to You
Subject to your compliance with this agreement, Odyssey grants you a limited, non-exclusive, non-transferable license to access and view any content that belongs to Odyssey and any articles, solely for your personal and non-commercial purposes when you are using the services. You agree that you won’t use the any content or articles except as expressly permitted in this agreement. Please follow the steps in accordance with the functionality of the Service, if you want to remove your content. However, in certain instances, some of your content (such as posts or comments you make) may not be completely removed and copies of your content may continue to exist on the services.
Odyssey respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances any account holders and subscribers users who are established to be repeat infringers. Please see Odyssey’s Copyright Policy for further information. If you believe that anyone has violated your copyright rights through use of our services, you may send us a notification of claimed infringement at DMCA Report.
Don’t Mistreat Us or Abuse Our Services
You agree that we retain all rights in our services, including intellectual property rights. You agree not to copy or adapt any portion of our code or visual design elements (including logos) without our permission. You may not do, or try to do, the following: (a) access or tamper with non-public areas of our services, our computer systems, or the systems of our technical providers; (b) access or search our services by any means other than the currently available, published interfaces that we provide; (c) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our services to send altered, deceptive, or false source-identifying information; or (d) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of material or user accounts in such a manner as to interfere with or create an undue burden on our services. You agree not to crawl our services unless you do it in accordance with the provisions of our robots.txt file, but scraping the services or any material on them is prohibited.
Changes to Agreement or Services
We can change the terms of this agreement at any time by posting the new terms our website or through other communications. It’s important that you review the changed terms because your continued use of our services after we’ve announced and posted our changes indicates that you agree to be bound by the new terms. If you don’t agree to the new terms, you may not use the services any more. We try to improve our services and we may modify or discontinue any service and any feature at any time at our sole discretion.
Termination of Access
You agree that, to maintain the quality of the service we desire, we may remove or disable access to any material and suspend or terminate access to the services at any time and for any reason. You may stop using the services anytime. The provisions relating to ownership of your content, disclaimers, limitations of liability, dispute resolution and general terms survive any termination or cancellation of services.
Disclaimers; Limitation of Liability
ODYSSEY PROVIDES YOU WITH SERVICES. YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK AND DISCRETION. THAT MEANS THAT ODYSSEY MAKES NO WARRANTY, EXPRESS OR IMPLIED. IN PARTICULAR, ODYSSEY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT.
YOU AGREE THAT ODYSSEY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USING THE SERVICES OR FROM ANY HARM RELATING TO THE SERVICES. THIS INCLUDES IF THE SERVICES ARE HACKED OR UNAVAILABLE. THIS LIMITATION APPLIES TO ALL OF TYPES OF DAMAGES (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). AND TO ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR ANY OTHER LOSS OR HARM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Disputes
This agreement is governed by California law without regard to its conflict of laws provisions.
You and Odyssey agree to resolve any claims relating to this agreement or the services through final and binding arbitration, except as set forth below. You can decline this agreement to arbitrate by clicking here: Opt-Out, and submitting the opt-out form within 30 days of first accepting this agreement. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Indianapolis, Indiana or any other location to which we agree. The AAA rules will govern payment of all arbitration fees. Odyssey will pay all arbitration fees for claims less than $75,000. Odyssey will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Odyssey may assert claims, if they qualify, in small claims court in Indianapolis, Indiana or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or intellectual property infringement (for example, trademark, trade secret, or copyright rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Odyssey agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Indianapolis, Indiana. Both you and Odyssey consent to venue and personal jurisdiction there.
If Odyssey doesn’t exercise a particular right under this agreement, that doesn’t waive the right. This agreement is the whole agreement between Odyssey and you concerning the services. If any provision of this agreement is found invalid by an arbitrator or a court, you agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of this agreement will remain in full effect. We may freely assign this agreement but you may not assign this agreement without our consent.