odesie® Terms of Use
Access to and use of odesie® is subject to the following terms and conditions of use. By accessing odesie® you accept and agree to be bound by the terms, conditions and policies set forth herein ("Terms of Use").
odesie® is a service of Technology Transfer Services ("the Company"). The Company may, at any time and in its sole discretion, modify these terms by updating the Terms of Use. Therefore, you should review these terms from time to time so that you will be aware of any changes.
To the extent that you or your employer have entered into a written agreement containing terms that directly conflict with any terms of these Terms of Use, then the conflicting terms set forth in the specific written agreement shall control.
The Company may post additional guidelines related to all of odesie®, or particular areas of odesie®, from time to time. Any terms posted in an area of odesie® are hereby incorporated into this Agreement by reference. In the event of a conflict between any such terms and the terms set forth in these Terms of Use, the terms herein shall control.
Use of Material
The contents of odesie® are protected by copyright and other laws in both the United States and internationally. The contents of odesie® include both content owned or controlled by the Company and content owned or applications controlled by third parties and licensed to the Company. The Company authorizes you to view and download content on odesie® solely for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, or use odesie® content for any commercial purpose.
Links
odesie® may contain links to other web sites not under the control of the Company and the Company is not responsible for the contents thereof. These links may be posted by other users and inclusion of a link in chat, forums, comments, or other postings does not imply endorsement of the link by the Company or any association with its owner. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through any such site link.
Collaboration Tools
By design, odesie® contains many opportunities to interact with other users, including, but not limited to, in-world chat, avatar gestures, VOIP, forums, discussion groups, topic chat, and Wiki discussions (collectively "Collaboration Tools"). These are all intended to provide users with a valuable resource on selected topics and build a collaborative environment for information exchange. Much, if not most, of the content found in such communications is provided by third party users, and not the Company. The third party user who is communicating using Collaborative Tools, not the Company, is responsible for the content of such posting.
Standards of Conduct
You agree that you are responsible for your own communications with respect to any use of the Collaboration Tools and for any consequences thereof, and you agree to use these tools only to post, send, and receive messages and material that are proper and related to the particular learning environment. By way of example, and not as a limitation, you agree that when using a Collaborative Tool you will do so in a professional manner and you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Publish, post, gesture in-world, upload, distribute, or transmit any topic, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, inappropriate in a professional setting, profane, obscene, indecent, objectionable or discriminatory based on race, religion, ethnicity, gender, age, or veteran status;
  • Post material containing software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Post files that contain viruses, malware, corrupted files or any other similar software or programs that may damage the operation of another user's computer or network;
  • Advertise, offer to sell or buy any goods or services for any business purpose;
  • Conduct or forward surveys, chain letters or any form of solicitation;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Impersonate, or falsely state or otherwise misrepresent your affiliation with any other person or organization;
  • Falsify or delete any author attribution, legal or other proper notice or proprietary designation or the label of the origin of material;
  • Interfere with other users from using odesie®;
  • List or collect information about other users, including e-mail addresses, without their consent; or
  • Violate any applicable laws, regulations, or user company policies, including the communication of proprietary materials of your employer to third parties.
User Actions and Communications
The Company does not control the content of communications or postings using the Collaboration Tools and does not verify, endorse, support, or guarantee the truthfulness, accuracy or reliability of any such communication using the Collaboration Tools. You acknowledge that any reliance on such material through use of the Collaboration Tools will be at your own risk. Moreover, you understand that by using odesie®, it is possible that you may be exposed to content that is offensive, indecent or objectionable. The Company will investigate and take appropriate action upon notice through odesie® Support or an in-world odesie® Guide, as appropriate. However, under no circumstances will the Company be liable in any way for the content of any posting or communication, including but not limited to, any errors or omissions in its content, or any loss or damage of any kind incurred as a result of the use of any content posted or communicated using Collaboration Tools.
Right to Monitor
The Company reserves the right to monitor, for any purpose, any communication using Collaboration Tools at time. However, the Company does not control information delivered through Collaboration Tools and has no affirmative obligation to monitor communications or posts through the Collaboration Tools. odesie® Guides and support personnel may monitor Collaboration Tool communications specifically for the limited purpose of responding to assistance requests, questions, comments, and to ensure compliance with these Terms of Use.
Right to Edit
In addition to reserving the right to monitor, for any purpose, any use of Collaboration Tools at any time, the Company also reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request and (2) to edit or remove any information or materials posted using any Collaboration Tool, in whole or in part, for any reason whatsoever, in the Company's sole discretion. You may report any communication that you believe to be contrary to any policy reflected in these Terms of Use by contacting odesie® Support.
User Content
The Company does not claim ownership of the content you or other users post, upload, link or submit to odesie®. However, by posting your submission you are granting the Company a royalty free, perpetual, irrevocable, and non-exclusive license to use your submission within the odesie® community, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
Copyright Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material in odesie® that it believes may infringe on the rights of others. If you believe that your work or any other work has been copied in a way that constitutes copyright infringement, please provide the Company immediate notice through odesie® Support immediately.
No Warranties and Limitation of Liability
odesie® AND ALL ITS CONTENT, FEATURES, AND FUNCTIONS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH odesie®, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH odesie®, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF odesie® OR ITS CONTENTS. THE COMPANY DOES NOT WARRANT THAT THE odesie® WILL OPERATE ERROR-FREE OR THAT THE odesie® IS FREE OF COMPUTER VIRUSES OR OTHER MALWARE ALTHOUGH THE COMPANY WILL USE REASONABLE EFFORTS TO ENSURE odesie® IS NOT SUBJECT TO SUCH VIRUSES OR MALWARE. IF USE OF odesie® OR THE CONTENTS RESULTS IN THE NEED FOR COMPUTER SERVICING OR LOSS OF DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY MATERIAL. YOUR USE OF odesie® IS AT YOUR OWN RISK. ALTHOUGH odesie® IS INTENDED TO BE EDUCATIONAL, NEITHER THE COMPANY OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH odesie® MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS, KNOWLEDGE, ABILITY OR COMPETENCY. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH odesie® BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE odesie®, 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.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from any and all claims, actions or demands, arising or resulting from your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the Florida courts in all disputes arising out of or relating to the use of odesie®. Use of the odesie® is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, such provision shall not affect the validity and enforceability of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the user and the Company with respect to use of odesie® and supersedes all other communications, regardless of form, between the user and the Company with respect to the use of odesie®.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to and use of odesie® or any specific area of odesie®, and to remove and discard any material posted by you, for any reason whatsoever, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.