Conditional Use of Our Site and Services
Your permission to use OddFan is conditioned upon your agreement that you are 18 years of age or older.
OddFan is an online community for people looking for free events or wanting to publish upcoming free events. Our community is built around our website located at http://OddFan.com, other online areas owned or operated by us, such as our Facebook page, Twitter, Linked-in, Q&A and other applications.
Our services include opportunity for you to buy featured listing in order to prominently display your listings.
Each event may have their specific terms and may require you to submit some details before you can access that event. We strongly recommend that you provide minimal details for any such events and in no case should you provide information such as your social security number, date of birth and/or bank account information. We do not check details regarding each event as well as authenticity of each provider. It is therefore very important for you to establish that you trust the event organizer enough before parting with any personal information. Clicking and interacting with third party sites is something that you do at your own risk, we cannot be held liable for damages of any kind arising from your interaction with any third parties.
To be clear, OddFan is a free events aggregator and acts as a platform for people to find and post free events. As a publisher of an event, you shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a user, caused in whole or in part by the provider or its products and services, as well as for any unclaimed property liability arising.
The Site can be accessed from countries around the world. You understand that some the reference links for the events are available to persons residing in certain jurisdictions or geographic areas. OddFan reserves the right, in its sole discretion, to exclude or otherwise limit access to a person residing in any jurisdiction or geographical area. OddFan does not represent or warrant that any event or service promoted on the Site will be available for users.
OddFan will provide a refund of the purchased featured listing by you, provided that your listing has not yet been featured on-site. After five days of publication, we do not provide refunds.
OddFan grants you a non-exclusive, non-transferable, limited permission to access and display this Web Site and the Resources on this Web Site solely on your computer or other personal device for your personal, non-commercial use of this Web Site. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of any part of OddFan in any medium without OddFan’s express prior written consent. This grant of permission is conditioned on your not modifying the content displayed on this Web Site and your keeping intact all copyright, trademark, and other proprietary notices.
NO UNLAWFUL OR PROHIBITED USE
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to damage, disable, overburden, impair, reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- to use bots or spiders or other similar methods to scan or obtain information.
- to create images or thumbnails of the Web Site or any of the Resources without express, prior, written permission of OddFan.
- to mirror any of the content from this Web Site on another Web site or in any other media.
- to not insert your own or a third party’s advertising, branding or other promotional content into or in any frame around the Web Site or any of the Resources.
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services;
- impersonate another user.
- Charge other parties for their use of OddFan.
- to the extent permitted under applicable law, redistribute, encumber, sell, rent, lease, loan, sublicense, assign, permit or otherwise transfer permission to act on your behalf on OddFan (including but not limited to delivery of trainings).
You agree not to attempt (or encourage or support anyone else’s attempt) to circumvent any protections, reverse engineer, decrypt encrypted data, or otherwise alter or interfere with the Web Site or the Resources.
COMMUNICATION SERVICES AND USER CONTRIBUTIONS
You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, disrespectful, invasive of personal privacy, or otherwise objectionable. You agree not to supply any User Contribution that includes any virus, worm or other harmful code or software. You will not create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity including OddFan and you agree not to forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Contribution.
OddFan has the right, but not any obligation, to monitor and/or review all User Contributions. OddFan also reserves the right at all times to disclose any information as OddFan deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any information or materials for any reason.
You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about yourself or others in your submissions on our website or any associated communication Services. In using the Communication Services, you agree to respect other persons’ privacy rights.
You agree not to use the communication systems provided by or contacts made on OddFan for any commercial solicitation purposes; without OddFan’s express prior written consent.
You agree not to use OddFan to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes.
You hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service.
NON-CONFIDENTIALITY, SECURITY AND PRIVACY
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by OddFan, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a listing, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a listing, other than your credit card information, may be disclosed by us for commercial purposes.
Any communications between you and OddFan, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
THIRD PARTY WEB SITES
While on this Web Site or using any Resources, you have the opportunity to link from the Web Site to third party Web sites and third party Web sites may link to the Web Site. OddFan makes no representations whatsoever about any other Web site that you may access in this way. In addition, a link to a third party Web site does not mean that OddFan endorses or accepts any responsibility for the content, or the use, of such Web site. Any reliance on the functions or contents of a third party Web site is at your own risk. By using OddFan, you expressly relieve us from any and all liability arising from your use of any third party website.
ACCOUNT INFORMATION AND ACCOUNT SECURITY
You are responsible to provide accurate information when creating an account or registering for our Services. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. You agree to immediately notify OddFan of any unauthorized use of your username, password or account.
COMPLIANCE WITH LAW
You are responsible to comply with all applicable laws (including, but not limited to copyright, trademark, export/import laws and laws relating to privacy, obscenity, confidential information, trade secret, non-compete, libel, slander, or defamation). You must NOT, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, OddFan platform to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate, or which violate or infringe any third-party right, or should damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
OddFan may at any time revise these terms by updating this posting. By using this Web Site, you agree to be bound by any such revisions, and you should periodically visit this page to determine the current terms.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ODDFAN DOES NOT REPRESENT, WARRANT OR GUARANTEE THE SUITABILITY, TIMELINESS, SECURITY, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE OR RESOURCES, WHICH IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE WEB SITE AND RESOURCES MAY INCLUDE INACCURACIES OR ERRORS, MAY BE OUT-OF-DATE, OR INOPERABLE AND ARE SUBJECT TO CHANGE AT ANY TIME. ODDFAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE, YOUR PURCHASES AND THE RESOURCES, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEB SITE OR YOUR PURCHASES WILL MEET USERS’ REQUIREMENTS.
ODDFAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY RESOURCES FROM THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY PART OF THE WEB SITE OR ANY SUCH RESOURCES SHALL BE AT YOUR SOLE RISK.
IN NO EVENT SHALL ODDFAN OR ANY OF ITS CURRENT OR FORMER SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AGENTS, PROVIDERS, TRAINERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY OF THE RESOURCES, OR FROM YOUR PROVISION OF INFORMATION VIA THE WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL THE ODDFAN (AND ENTITIES) BE LIABLE FOR OR IN CONNECTION WITH THE WEB SITE OR RESOURCES. THE ODDFAN (AND ENTITIES) SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, FOR ANY AMOUNT EXCEEDING ONE DOLLAR ($1.00).
CLIENTS, SUPPLIERS, PARTNERS, COLLABORATORS, PROVIDERS, TRAINERS AND OTHER RELATIONSHIPS WITH ODDFAN
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any trainings issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such training.
RESERVATION OF RIGHTS AND RELEASE
OddFan reserves the right, but has no obligation, to monitor, or take any action OddFan deems appropriate regarding disputes that you may have with other customers of ours or any Trainers. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “OddFan” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on OddFan, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by OddFan. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to OddFan, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by OddFan is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
The communications between you and OddFan use electronic means, whether you visit the Site or send us emails, or whether OddFan posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from OddFan in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OddFan provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT AND WAIVERS
CONTRACTING PARTY, CHOICE OF LAW, LOCATION FOR RESOLVING DISPUTES, CONTACT INFORMATION
GENERAL PROVISIONS; DISPUTES/JURISDICTION
You further agree that, to the extent permitted by law, to waive any right you may have to commence or participate in any class action or class-wide arbitration against OddFan.
Between You and us, nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND ODDFAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ODDFAN MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 18 years of age or older. If you aren’t, you must please cease use of OddFan.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.