An Introduction to Oditory’s Terms of Service
Welcome to Oditory! Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to share and grow the world’s knowledge. The Oditory platform offers a place to share design work and resources from free to premium by the user and connect with people who contribute unique insights and quality answers for all UI/UX design-related queries. This empowers people to learn from each other and to better understand the world.
- You own the content that you post; you also grant us and other users of the Oditory platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
- You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
- You can repost a small portion of any answer or post posted on Oditory elsewhere, provided that you attribute such content back to the Oditory platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
- We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Oditory platform.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Oditory ’s policies, you can initiate a report by sending us a mail to firstname.lastname@example.org
We are pleased that you want to join the Oditory platform and encourage you to read the full Terms of Service.
Oditory Terms of Service
Welcome to Oditory ! Oditory is a platform to gain and share knowledge, empowering people to learn from others and better understand the world.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Oditory , Inc. (“Oditory ” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “Oditory Platform”).
Please make sure to read it, because, by using the Oditory Platform, you consent to these terms.
- The Mission of the Oditory Platform
We want to connect the creative people who have the knowledge to the people who need it, to bring together people with different perspectives so they can understand each other better, and to empower everyone to share their knowledge.
The Oditory Platform is a shared work and connects with UI/UX eperts who contribute unique insights and quality answers to the design community. This empowers people to learn from each other and to better understand the world.
- Using the Oditory Platform
- Who Can Use It? Use of the Oditory Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
- Acceptable Use Policy. In your interaction with others on the Oditory Platform, you agree to follow the Acceptable Use Policy at all times.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Oditory account if you violate any Oditory policy or for any other reason.
- Changes to the Oditory Platform. We are always trying to improve your experience on the Oditory Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome your feedback and suggestions about how to improve the Oditory Platform. Feel free to submit feedback at https://wordpress-705502-2336053.cloudwaysapps.com/. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. The Oditory Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the Oditory Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Oditory Platform, Your Content may be viewed by the general public.
- You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the Oditory Platform, you grant Oditory and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Oditory Platform or the promotion, advertising or marketing of the Oditory Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Oditory to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Oditory for the syndication, broadcast, communication, and making available to the public, distribution, or publication of Your Content on the Oditory Platform or through other media or distribution methods. This license also includes the right for other users of the Oditory Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain answers, not for translation.
- Once you post an answer to a question, you may edit or delete your answer at any time from public display on https://wordpress-705502-2336053.cloudwaysapps.com/except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of https://wordpress-705502-2336053.cloudwaysapps.com/Oditory may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by Oditory at any time. Any edits and changes made by you may be visible to other users. The right for Oditory to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that Oditory may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Oditory , its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Oditory Platform or in violation of our Terms of Service.
- Your Responsibilities for Your Content. By posting Your Content on the Oditory Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Oditory ’s Acceptable Use Policy,Copyright Policy and Trademarks Policy other published Oditory policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the Oditory Platform (specifically including, but not limited to our software, the Oditory marks, the Oditory logo, but excluding Your Content) is the property of Oditory, Inc., or its subsidiaries and affiliates, or content posted by other Oditory users licensed to us (collectively “Our Content and Materials”).
- Data. All data Oditory collects (“Data”) about use of the Oditory Platform by you or others is the property of Oditory , Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You.
- We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Oditory Platform in connection with your use of the Oditory Platform, subject to the terms and conditions of this Agreement.
- Oditory gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post a small portion of any answer or post posted by other Oditory users anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the Oditory Platform after April 22, 2010; (b) the user who created the content has not explicitly marked the content as not for reproduction on the Oditory Platform; (c) you do not modify the content; (d) you attribute Oditory by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://wordpress-705502-2336053.cloudwaysapps.com/ on every page that contains such content; (e) upon request, either by Oditory or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by Oditory or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Oditory Platform; and (g) upon request, either by Oditory or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Oditory Platform; and (h) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Oditory , or any Oditory user, without separate, express prior written permission from us.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Oditory Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Oditory Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Oditory Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the Oditory Platform, or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of Oditory .
- No Endorsement or Verification. Please note that the Oditory Platform contains access to third-party content, products, and services, and it offers interactions with third parties. Participation or availability on the Oditory Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Oditory Platform by anyone.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of Oditory users or Oditory . The content, information, and services made available on the Oditory Platform are protected by the U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- More About Certain Offerings on the Oditory Platform
- Advertisements. The Oditory Platform may include advertisements, which may be targeted to content or information on the Oditory Platform, queries made through the Oditory Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Oditory are subject to change. In consideration of Oditory granting you access to and use of the Oditory Platform, you agree that Oditory and its third-party providers and partners may place such advertising on the Oditory Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Oditory Platform.
- Spaces is a feature that allows a user to curate content and form communities around shared interests and tastes.
- Certain content in Spaces or from other areas of the Oditory Platform may be available only by subscription, subject to supplemental terms and conditions.
- Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Oditory has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
- Buttons, Links and Widgets. You have permission to use Oditory buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Oditory Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Oditory endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Oditory ’s Acceptable Use Policies.
- Web resources and third-party services. The Oditory Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
The company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes a great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. The company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and processed by Oditory .
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.
The company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without the need for further notice to you.
Refund Policy: for products and services eligible for a refund, you may request a refund under the terms and conditions of our Refund Policy which can be accessed here.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
The company makes no representation or warranty that the content available on this Site is appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules, and regulations.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, ODISHA, to the exclusion of conflict of law rules.
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in India, ODISHA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.