ODIBODI Site Terms
By accessing this site, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the site.
You may submit, listen, view or otherwise review content, submit questions, and, now or in the future, interact with other ODIBODI customers and participate in any surveys, blogs or other services. The site and all material posted or otherwise available on the site or otherwise approved by ODIBODI, including but not limited to all audio files, images, photography, graphics, artwork, text, and other information and material found on the site, regardless of source, all Marks, and all compilations and assembly of the foregoing, and other intellectual property relating thereto and all information and data collected through the site (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the site and these Terms. You may download and listen to the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms. Any other use of Licensed Content without ODIBODI'S prior written approval is strictly prohibited. If you contribute any content to ODIBODI by uploading content or otherwise, your submission is subject to our Submission Policy (the “Policy”).
ODIBODI's Proprietary Rights
Everything you see or read on the site, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the site and Licensed Content, and any necessary software or other technology used in connection with the site (“Software”) is owned by ODIBODI or its licensors and used under license granted to ODIBODI, and protected by all applicable intellectual property and other laws, and may not be used except as provided in these Terms without ODIBODI’s express written permission. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to ODIBODI. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the site address or Marks in page text, as key words, meta tags or any other “hidden text.”
You agree to indemnify, defend, release and hold ODIBODI and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the site, your use of the site and the Licensed Content, your connection to the site, your violation of these Terms, ODIBODI’s Submission Policy, or your violation of any rights. In the event you provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify ODIBODI and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates for and hold it harmless from and against any and all liability, damages, loss or expense (including fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against ODIBODI by any third party based upon the information you provide or your use of the site.
Modifications to the site and these Terms
From time to time ODIBODI may change the Licensed Content, the products and services offered, disable certain features of the site or expand the site’s capability. ODIBODI also reserves the right at any time and from time to time to modify these Terms, the site (or any part thereof), their functionality and capabilities and/or discontinue, temporarily or permanently, with or without notice. You are responsible for regularly reviewing these Terms. You agree that ODIBODI shall not be liable to you or to any third party in any way. Also, we strive to provide accurate and up-to-date information on our site, but the site and Licensed Content may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to content availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update our information at any time without prior notice.
ODIBODI, in its sole discretion, may suspend or terminate your access, registration/membership or use for any reason, but especially if ODIBODI believes that you have violated or acted inconsistently with the letter or spirit of these Terms. ODIBODI may suspend, terminate and/or bar further access to the site at any time without prior notice to you. ODIBODI shall not be liable to you or any third party for any suspension or termination of your access to or use of the site.
The site may contain links to other internet websites or resources. When you link to those websites, you leave the site. ODIBODI has no control over such websites, their content and resources or the business practices or policies of operators of such websites. The privacy terms set forth in these Terms do not apply to the practices of any companies or individuals operating the linked website. Please use caution and review the privacy policies of any website that you visit to learn more about their information-gathering practices.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ODIBODI disclaims all representations or warranties about the accuracy or completeness of the site or Licensed Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ODIBODI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) ODIBODI MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT CONTENT WILL BE AVAILABLE, OR CONTAINS ACCURATE OR RELIABLE INFORMATION, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY CONTENT, THE SITE, INFORMATION, OR OTHER MATERIAL AVAILABLE TO YOU OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT SERVICES WILL BE PROPERLY DELIVERED.
ANY MATERIAL STREAMED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ODIBODI SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ODIBODI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, ODIBODI’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST ODIBODI WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ODIBODI currently administers and operates the site from its location in Baltimore, Maryland USA. Although the site may be accessible worldwide, not all features, content, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. ODIBODI reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on the website is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between you and ODIBODI with regard to and shall govern all purchases. Your activities and use of the site supersede any prior agreements between you and ODIBODI. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms, your use of the site and any other agreement with and the relationship between you and ODIBODI shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and ODIBODI agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the site is accessible outside the United States. Notwithstanding the foregoing, ODIBODI may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of ODIBODI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. The parties have expressly agreed that English shall be the official language governing these Terms.
Digital Millennium Copyright Act
If you believe that any content on the Site infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address.
1. Types of Information Collected
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Nonpersonally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering, submitting content and/or posting content in discussion forums or other public areas, filling out a survey, downloading or streaming content, or sending us feedback, we may ask you to provide certain information about yourself. It is optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. You may be asked to provide a credit card number for the purchase of certain products or services available on our site. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Nonpersonally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information except as set forth herein. You may provide certain Personally Identifiable Information to us when you: (a) register for our services and/or communicate with us; (b) upload or otherwise submit content to the site; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter or electronically; (e) use the site including streaming content; and (f) submit your credit card or other payment information when ordering and purchasing products and services on our site. We may also collect information from you at other points on our site that state that such information is being collected.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Nonpersonally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out site.
We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our site Terms, Submission Policy, and this Private Policy.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others, except with your consent and as set forth herein. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Nonpersonally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information. Our site may have various features such as the ability to “remember” a customer’s previous activity and make targeted communications based on listening history.
Other than as described here, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information. We will not share your personal information for this purpose without your prior consent.
4. User Choices on Collection and Use of Information
We may, from time to time, send you email regarding our services. In addition, we may occasionally send you direct email and mail about content or products and services that we feel may be of interest to you. Only ODIBODI, LLC (or agents working on behalf of ODIBODI, LLC and under confidentiality agreements) will send you these direct mailings and only if you have not affirmatively opted-out of receiving such correspondence. If you do not want to receive such mailings, simply tell us when you give us your personal information or at any other time by emailing us at the address below.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.
You may, in your sole discretion, share your preferences and purchases with others through third party platforms such as Facebook® and Twitter®. Your activity published on those platforms is at your sole discretion and risk and will be governed by the terms and privacy policies in effect for such third party platforms.
5. Security of Information
The importance of security for all Personally Identifiable Information associated with our users is of utmost concern to us.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information. We and our third party ad server will collect and use Nonpersonally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
7. Privacy Policies of Third Party Sites
8. Miscellaneous Privacy Issues
We take the privacy of children seriously. The site is not directed at children, we do not knowingly collect personal information from children under the age of 13 through the site and we request that children under the age of 13 not make any content submissions or submit any personal information through the site. If we learn that we have inadvertently received or collected personal information from a child under 13 years of age, we will remove such information from our database.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the submissions, discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and these Terms does not apply to such information. Any submissions to public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments or content to be viewed or listened to by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of any password and/or account information. Please be careful and responsible whenever you’re online.
Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow us to use and collect your personal information in accordance with these Terms.
Notice to California residents about your California privacy rights: In addition to the other rights described in this Policy, if You are a customer residing in California, you have the right to request information regarding the third parties with whom ODIBODI has shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to ODIBODI at its email address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to ODIBODI’s designated email address set forth below.
Content Submission Policy (license)
This Content Submission Policy is by and between the author of any content (the “Submitter”), and ODIBODI, LLC, a Maryland limited liability company (“ODIBODI”). This policy relates to all works of authorship created, uploaded or otherwise submitted by the Submitter to ODIBODI (each, a “Work”) on the ODIBODI website, apps or related services (“site”) for inclusion as content on ODIBODI’s site. By submitting any Work, you agree to this Content Submission Policy (“Policy”):
Submitter understands that ODIBODI does not guarantee any confidentiality with respect to a Work.
ODIBODI will only include a Work it has accepted and offered on the ODIBODI site. ODIBODI reserves the right to remove any Work without prior notice.
All Work must be the original work of the Submitter.
All Work is licensed to ODIBODI as follows: ODIBODI shall have the irrevocable, perpetual, non-exclusive, sublicenseable and transferable worldwide, royalty-free, paid-up right and license to use, execute, reproduce, display, perform, modify, distribute and create derivative works of the Work and any derivative works thereof to the fullest extent necessary without further consent of any person or entity in any media format and in any media channel (“License”). Each user of the site is granted a non-exclusive license to access the Work through the site and to use, execute, reproduce, display, perform, modify, distribute and create derivative works of the Work as permitted through the functionality of the site and in accordance with the Terms and this Policy. ODIBODI retains the License even after Submitter deletes a Work.
Submitters shall own their Work, but agree not to republish or sell the Work without the prior consent of ODIBODI, which shall not be unreasonably withheld.
Submitter is responsible for its Work and the consequences of submitting and publishing the Work on the site. Submitter warrants that the Work is that of the Submitter, that Submitter owns all intellectual property protections to the Work and has not previously assigned away his/her rights, the Work does not violate any copyright or any other rights of any third party, that Submitter has cleared rights to any portions of the Work, and all permissions are granted for ODIBODI to publish the Work, that all underlying facts contained in the Work are accurate, that the Work does not contain any libelous or scandalous material; and that Submitter is free to submit the Work without the violation of any contractual, employment or other obligation that Submitter may have. Submitter acknowledges and agrees that it shall defend and hold harmless ODIBODI against any and all claims, suits, damages, losses or expenses (including attorneys’ fees) arising out of any breach of a representation/warranty in this Policy.
Submitter’s name may or may not appear on the Work, within ODIBODI’s sole discretion. Submitter hereby grants to ODIBODI, and its successors, licensees and assigns, the right to use Submitter's name, image, likeness and biographical and professional information in connection with the Work, within ODIBODI’s sole discretion.
Submitter acknowledges at all times nothing in this agreement shall make either party the agent of the other. ODIBODI shall not owe any payment to Submitter for any Work.
This policy shall be governed by the laws of Maryland, without reference to its conflict of laws principles, and the parties hereby submit to the jurisdiction and venue of the Federal and State courts situated in Baltimore, Maryland with respect to any dispute arising under or related to this Agreement.
ODIBODI does not endorse any Work or any opinion, recommendation or advice expressed therein and ODIBODI expressly disclaims any and all liability in connection with the Work.