Last Updated: December 17, 2009
Description of Odijoo™
We will provide you a version of a service that allows you to view online content (in the form of text, images, video, flash), take online tests, play online games, connect with other members, participate in online debates and discussion, create online communities pertaining to specific topics, create lessons (comprised of text, images, video, flash), create tests, create and administer online educational course(s), create and administer asynchronous online tutoring, offer courses and online tutoring services for sale, and purchase goods and services offered by parties other than Odijoo™ (individually a “Third Party” and together “Third Parties”) in an online marketplace and social networking site (together “Odijoo”).
Your wireless mobile service provider, Internet service provider, VOIP provider, telephony provider or other third parties may charge you for use of any of their services as they relate to Odijoo™. We have no affiliation with, or responsibility for, any of those third parties. You will have to enter into separate agreements with them for their services and products. You alone are responsible for all charges or fees charged by such third parties for your use of their services.
We are not responsible to provide or maintain any hardware required to connect to Odijoo™.
As a condition for us providing Odijoo™ to you, you must provide and maintain true, accurate, current and complete information about you as prompted by Odijoo™ registration process (an “Account”).
You must have an Account to use Odijoo™.
You are responsible for maintaining the confidentiality of your Account information and are responsible for all activities that occur in your Account. You will notify us immediately of any unauthorized use at email@example.com.
At any time and without cost, charge or liability, we may modify or discontinue, temporarily or permanently, Odijoo™ (or any part thereof) with or without notice to you.
You agree that we may establish practices and procedures for any use of Odijoo™. We may, for example, set a maximum number of times and the duration that you can access your Account or Odijoo™ in a given time period. We may modify these practices and procedures at any time, in our sole discretion, with or without notice.
All information received, sent, saved, collected or distributed through Odijoo™, however transmitted, (the "Content") is the sole responsibility of the person from which such Content originated. This means that you, other Odijoo™ users, and the people who you contact or contact you, and not us, are entirely responsible for all Content that is received, sent, save, collect, distribute or otherwise make available via Odijoo™. The removal of any Content alleged to infringe the copyright or other intellectual property rights of any Third Party will be governed by the Copyright Take Down Policy located at http://www.odijoo.com/pages/takeDown.
We do not warrant that the functions contained in Odijoo™ provided by the website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You shall notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your Account and the Service, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
We do not monitor or control Content. For clarity, Content does not include technical information regarding usage, data traffic, call logs or other similar information that we may monitor.
WE DO NOT GUARANTEE THE USE, ACCURACY, INTEGRITY OR QUALITY OF ANY CONTENT. YOU UNDERSTAND THAT BY USING ODIJOO™, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
You will not use Odijoo™ to send, save, collect, distribute or transmit any Content that:
- (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- (b) may harm minors in any way;
- (c) may manipulate identifiers in order to disguise the origin of any Content transmitted through Odijoo or the source of any Content;
- (d) you do not have a right to make available under any law or under contractual or fiduciary relationships;
- (e) is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
- (f) download, transmit or otherwise make available any material 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 or telephone handset equipment (mobile or otherwise);
- (g) interfere with or disrupt Odijoo™ or servers or networks connected to Odijoo™, or disobey any requirements, procedures, policies or regulations of our networks connected to Odijoo™ ; or
- (h) may violate or infringe any right of any third party.
Third Party Links
We may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). We are not responsible for the Content on the Link Sites and are not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
We cannot and do not guarantee or warrant that files available for downloading through Odijoo™ will be free of infection by software viruses or other harmful computer code, files, or programs.
Ownership of Content and Copyright
Odijoo™ does not claim ownership of the Content you publish on Odijoo™. After publishing content on Odijoo™, you (or any other third party who permitted you to publish their content on Odijoo™.) continue to retain all ownership to the content, subject to the license terms described herein, and you continue to have the right to use the content in any way you choose. Odijoo™ is protected by the laws of Canada and other countries, and by international treaties. We make no claim to the right, title or interest in and to the Content provided by you or accessed through Odijoo™.
Your rights to use Content created by Third Parties are as described herein and in the applicable terms as provided to you by the Third Parties, as applicable.
Any use of Odijoo™ and Content other than as specifically authorized herein, without the prior written permission of Odijoo™ or the applicable Third Party, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws.
You will use the Service and any Content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
You grant Odijoo™ a license to market the Content you post on Odijoo™. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to Odijoo™, you are granting Lambda Solutions Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives a right to use the Content in connection with the operation of Odijoo™.
You warrant that any material or information that you make available through Odijoo™, including, for example, any exam or assessment questions, documents, remediation or related content, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on Odijoo™.
You will be solely responsible for the content of any material or information that you make available through Odijoo™. You will also be liable for any damage resulting from your making any material or information available through Odijoo™.
Fees and Payments
We reserve the right at any time to charge fees or change the fees for access to portions of Odijoo™ or Odijoo™ as a whole. However, in no event will you be charged for access to Odijoo™ unless we obtain your prior agreement to pay such fees or changed fees and we give you reasonable advance notice to cancel Odijoo™. Unless otherwise stated, all of our fees are quoted in US dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
If you elect not to pay any fees charged by us, we will have the right to cease providing Odijoo™ to you.
In addition, Third Parties including users may charge fees for courses and tutor offerings, including Content, that they provide through Odijoo™. The fees and prices charged by Third Parties are available in their listing in our marketplace. Certain taxes and government charges may be payable in relation to purchases you make from Third Parties through the Service. We accept no responsibility for such taxes and government charges. Odijoo™ has no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay.
All payments for fees and prices charged by Third Parties are collected using Paypal, or credit card if authorized by the seller. Odijoo™ has no liability to you for any such payments.
Odijoo™ is required by law to add GST/HST to all purchases that originate in Canada.
“ODIJOO”, “ODIJO” “eLearning Made Simple”, the ODIJOO logo and other marks associated with Odijoo (collectively the “ODIJOO Marks”) are trademarks of Lambda Solutions Inc. All rights in the ODIJOO Marks are reserved to, and all goodwill associated with the ODIJOO Marks will ensure to, Lambda Solutions Inc.
You are prohibited from using any of the marks or logos appearing throughout Odijoo™ without permission from the trademark owner, except as permitted by applicable law.
Disclaimer of Warranties
ODIJOO™ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF ODIJOO IS AT YOUR SOLE RISK.
WE EXPRESSLY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ODIJOO™ WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR ODIJOO™ WILL BE CORRECTED.
ANY CONTENT SENT, TRANSMITTED OR OBTAINED THROUGH THE USE OF ODIJOO™ IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, MOBILE TELEPHONE, MOBILE WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF ODIJOO™.
Limitation of Liability
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, A FUNDAMENTAL BREACH OR A MATERIAL BREACH.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No action, claim or proceeding may be commenced by you for any matter arising out of, or related to this agreement two years beyond the date on which you first became of aware of the cause of action.
Member Age Restriction
Odijoo™ is personal to you, and may not be assigned in part or in whole.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country in which you reside.
To get support for Odijoo™, email us at firstname.lastname@example.org.