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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the Oddpodz.com Web site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact us by E-MAIL.

Please also refer to the Oddpodz.com Privacy Policy, which is incorporated by reference herein.

1. Ownership. This Site (Oddpodz.com) is owned and operated by Oddpodz, LLC. All rights, title, and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Oddpodz, LLC or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by Oddpodz, LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Oddpodz’ intellectual property rights, whether by implication, or otherwise. Please contact us by E-MAIL if you have any questions about obtaining such licenses. Oddpodz.com does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by Oddpodz, LLC. Any rights not expressly granted herein are reserved by Oddpodz, LLC.

2. Limited Permission to Use Materials. Oddpodz, LLC hereby grants you permission to use, view, copy, and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at paragraph 12 below and the trademark notice appearing at paragraph 13 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment, and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Oddpodz, LLC (the "Third Party Sites"). Oddpodz is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Oddpodz is not responsible for webcasting or any other form of transmission received from any Third Party Site. Oddpodz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oddpodz of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Oddpodz.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

4. Use of the Oddpodz Network Member Directory: Users may not use the Oddpodz Network Member Directory to mine email addresses for unsolicited commercial email ("spam"). Such activity includes, but is not limited to:

  • Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
  • Gathering addresses for sending unsolicited emails to significant numbers of individuals and/or entities with whom you have no preexisting relationship
  • Imitating or impersonating another person or his, her, or its email address, or creating false accounts for the purpose of sending spam
  • Selling, exchanging, or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure
  • Sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Conducting or forwarding pyramid schemes and the like
  • Illegally transmitting another's intellectual property or other proprietary information without such owner's or licensor's permission
  • Promoting or encouraging illegal activity
  • Interfering with other Oddpodz users' enjoyment of the Service. 

5. Use of the Oddpodz Creative Services Marketplace directory: Users may not use the Oddpodz Creative Services Marketplace directory to mine email addresses for unsolicited commercial email ("spam"). Such activity includes, but is not limited to:

  • Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
  • Gathering addresses for sending unsolicited emails to significant numbers of individuals and/or entities with whom you have no pre-existing relationship
  • Imitating or impersonating another person or his, her, or its email address, or creating false accounts for the purpose of sending spam
  • Selling, exchanging, or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure
  • Sending, uploading, distributing, or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Conducting or forwarding pyramid schemes and the like
  • Illegally transmitting another's intellectual property or other proprietary information without such owner's or licensor's permission
  • Promoting or encouraging illegal activity
  • Interfering with other Oddpodz users' enjoyment of the Service.

6. Use of the Oddpodz.com Forums and Groups.  The Oddpodz.com Forums and Groups (the “Forums” and “Groups”) is a collaborative community where community members and experts answer your questions. Access to and use of the Forms is subject to this paragraph 4 and 5, in addition to the other terms and conditions listed.

Rights and Responsibilities of Oddpodz.com:

Oddpodz is not the publisher or author of any works posted on the Forums or in the Groups. It is a passive service for storage and dissemination of the works that Oddpodz.com members may choose to post and distribute via the Forums and Groups. Oddpodz does not screen works before they are posted, and no prior approval is required for posting. Oddpodz disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, Oddpodz takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If the Oddpodz.com technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Oddpodz reserves the right to delete those files or to stop those processes. If the Oddpodz technical staff suspects an account is being used by someone who is not authorized by the account holder, Oddpodz may temporarily disable that account in order to preserve system security. In all such cases, Oddpodz will contact the member as soon as feasible.

Oddpodz has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any works posted on the Exchange, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to works that use offensive language and works that are advertisements.

Oddpodz reserves the right to refuse service to anyone and to cancel an account at any time.

Rights and Responsibilities of Oddpodz.com Members or Other Posters to the Exchange:

You are legally and ethically responsible for any works—writings, files, pictures, or any other work—that you post or transmit on your Individual Member Profile, the Creative Services Marketplace Directory, the Forums or Groups (or any other Oddpodz.com service that allows interaction or dissemination of information). In posting works on the Member Network, Creative Services Marketplace Directory, Forums or Groups, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Oddpodz.com site, you are responsible for obtaining the copyright holder's permission first.

Under United States Federal law, you retain copyright on all works you create and post to the Groups, Forums, Profiles, and Directories unless you choose specifically to renounce it. In posting a work on the Groups or Forums, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to Oddpodz to copy your works as part of the normal backup process. You have the right to remove any of your works from the Groups or Forums at any time.

The use of your Oddpodz membership or posting on the Forums or Groups for any illegal activity under the laws of Georgia and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Oddpodz, LLC locality or your own residence. Oddpodz.com is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and Oddpodz cannot guarantee that you will not be subject to legal action from other jurisdictions over your works.

Your Rights and Responsibilities as an Oddpodz.com Member and Reader of Postings on the Forums or Groups:

You are not required to provide your real name when signing up as a member of Oddpodz.com. Oddpodz.com permits anonymous or pseudonymous accounts. Any member may request that such member’s e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. Normally, Oddpodz.com staff will not take a role in mediating conflicts between you and other members. Oddpodz.com does not take responsibility for your behavior or that of other members. Notwithstanding the foregoing, should such a complaint or conflict arise, the member or members may request that Oddpodz.com moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation. The decision to intervene rests with Oddpodz, in its sole and absolute discretion.

Your access to the works that members have posted on the Forums and Groups is for your personal use only. If you want to redistribute works you find on the Forums or Groups, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other members by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact Oddpodz via E-MAIL as soon as possible. 

7. Use of Oddpodz.com “Creative Services Marketplace.” The information contained in the Creative Services Marketplace was gathered from vendors via questionnaires, company Web sites, promotional materials, and telephone interviews. Product information was not verified, and Oddpodz does not make any warranty, expressed or implied, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the information provided. The listing of products does not represent an endorsement by Oddpodz. In addition, because of the rapidly changing nature of the subject industries, the information may become outdated, and the list is in no way exhaustive. It is the sole responsibility of anyone using the information in the Creative Services Marketplace to complete a thorough due diligence to confirm the validity of the information. In no way will Oddpodz be liable for any damages arising out of the provision or use of the Creative Services Marketplace.

8. Use of Oddpodz.com “Opportunities.” The Opportunities section is used to post classified ads on the Oddpodz.com site. You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct; 

c) that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of  these or other characteristics); 

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. 

g) that impersonates any person or entity, including, but not limited to, an Oddpodz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person's explicit consent; 

i) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; 

k) that constitutes or contains  "affiliate marketing," "link referral code,"  "junk mail," "spam," "chain letters," "pyramid schemes," or an unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Oddpodz sites that are not designated for such  purposes; or emailed to Oddpodz users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests. 

m) that advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Georgia  law.  Additionally, selling products of the following types will not be tolerated, accepted, or permitted on our Web Site.  If we find that you are selling or distributing them, we will cancel your account and permanently ban you from the site immediately. A partial list of prohibited items for sale and prohibited services includes:

    Sexually explicit material or adult content

    Reproduction of original artwork that has not been approved or licensed for sale or distribution by the original owner.

    Copyrighted music

    Pirated music CDs

    Pirated software

    Child pornography

    Tobacco

    Alcohol

    Firearms

    Weapons

    Prostitution Services

    Racially explicit material

    Escort Services

    Anything that violates any Federal, State, County and/or Municipal laws

    Anything considered inappropriate by Oddpodz and its affiliates. 

If you have any questions about whether your product falls into one of these categories or simply have a question, please contact us directly.

n) 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; 

o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

p) that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. 

Additionally, you agree not to:

q) contact anyone who has asked not to be contacted; 

r) "stalk" or otherwise harass anyone;

s) collect personal data about other users for commercial or unlawful purposes; 

t) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service—unless expressly permitted by Oddpodz;

u) post otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure; 

v) attempt to gain unauthorized access to Oddpodz' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Oddpodz website; or

w) use any form of automated device or computer program that enables the  submission of postings on Oddpodz without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 

X) Disputes Between Members, Members and/or Users, or Users and Users. You are solely responsible for your interactions with other Oddpodz Members and/or Citizens and/or users. Oddpodz reserves the right, but has no obligation, to monitor disputes between you and other Members or Users.

9. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Oddpodz’ resources, you may not use a Posting Agent to post Content to the Service without expressed permission or license from Oddpodz.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with expressed permission or license from Oddpodz. 

10. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Use (TOU). All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

Changes in Posting Fees.  As a member of Oddpodz, you agree to pay all posting fees when marketing your company, organization, services or opportunity on our Web site. Oddpodz has the right to change transaction fees at any time and without prior notice. The updated fees will always reflect the updated fees on the selling information page.

11. NO WARRANTY . THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ODDPODZ, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ODDPODZ, LLC MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ODDPODZ, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL ODDPODZ, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF ODDPODZ.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnification . You agree to defend, indemnify, and hold harmless Oddpodz, LLC, its officers, directors, shareholders, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

14. Unsolicited Submissions. Except as set forth in paragraphs 4 and 5 above, Oddpodz, LLC does not want you to submit confidential or proprietary information to it through this Site, without first contacting Oddpodz. All comments, feedback, information, or material submitted to Oddpodz through or in association with this Site shall be considered non-confidential and Oddpodz' property, unless otherwise set forth herein or agreed to by Oddpodz in writing. By providing any unsolicited submissions to Oddpodz you hereby assign to Oddpodz, at no charge, all worldwide right, title, and interest in and to the submissions and any intellectual property rights associated therewith. Oddpodz shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.

15. Compliance with Laws. You may not access, download, use or export the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately and Oddpodz reserves the right to terminate your use of the site.

16. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

17. Competition and Drawing Agreements. Any contestant entered into a competition and/or drawing must abide by the rules and guidelines set forth in competition.

18. Contest Awards. All money, prizes, gifts, and winnings received through Oddpodz as a result of selling products must be claimed by the individual who received the payments on his or her personal or business tax statements for that current year.  Oddpodz is not liable and/or responsible for claiming the winnings or payments for you.

18. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Georgia, excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in Georgia, and in the County of Chatham. You and Oddpodz, LLC agree to submit to the jurisdiction of, and agree that venue is proper in these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

19. Copyrights . All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2008, Oddpodz, LLC. ALL RIGHTS RESERVED.

20. Trademarks. Oddpodz, Oddpodz.com, all images and text, and all page headers, custom graphics, and button icons on the Site are service marks, trademarks, and/or trade dress of Oddpodz, LLC. All other trademarks, product names and company names, or logos cited herein are the property of their respective owners.

 

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