Terms of Service
Revised 11 February 2020
Your use and browsing of the Website are at your risk. If you are dissatisfied with any of the materials contained in the Website, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Services.
Please read this Agreement before accessing the Website. By accessing or using any part of the Website, each user ("You", "Your" or "User") agrees to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, You should not access the Website or use any services made available via the Website. The Website is available only to individuals who are at least 13 years old, unless parental permission has been obtained.
- Your Odonata Central.org Account and Site. If You create an account on the Website, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post content to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Odonata Central may, at its discretion, change or remove any content that it considers inappropriate or unlawful. You must immediately notify Odonata Central of any unauthorized uses of Your account or any other breaches of security. Odonata Central will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If You post material to the Website, or otherwise make
(or allow any third party to make) material available by means of the Website (any such
material, “Content”), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the Content in
question constitutes text, graphics, an audio file, or computer software. By making
Content available, You represent and warrant that:
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- You will post only Content that is relevant to Odonata Central and at a rate and volume that does not hinder other Users' ability to use Odonata Central;
- the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your login is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your login name is not the name of a person other than Yourself or company other than Your own;
- Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals and web sites, and similar unsolicited promotional methods
By submitting Content to the Website, You grant Odonata Central a world-wide, royaltyfree, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting Your observations via Odonata Central. We might also use the Content for other purposes not subject to known legal restrictions, such as training machine learning models. You represent and warrant that (a) You own and control all of the rights to the Content that You post or You otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. If You delete Content, Odonata Central will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made unavailable immediately.
Without limiting any of those representations or warranties, Odonata Central has the right (though not the obligation), in Odonata Central’s sole discretion, to terminate or deny access to and use of the Website to any individual or entity for any reason.
- Responsibility of Website Visitors. Odonata Central has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Odonata Central does not represent or imply that it endorses the material posted to the Website, or that it believes such material to be accurate, useful, non-infringing or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Odonata Central disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted to the Website.
- Non-Commercial Use. You agree not to use the Website, the Odonata Central Service, or any Odonata Central Content for commercial purpose or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, stalk, impersonate or intimidate other Odonata Central Users and not to collect or store any location or other personal information about any Odonata Central Users that You obtain from the Website.
- Copyright Infringement. Odonata Central respects the intellectual property rights of others, and requests that Users of the Odonata Central Website and Service do the same. Users are solely responsible for enforcing copyright of their submitted materials.
- Intellectual Property. All trademarks, service marks, graphics and logos used in connection with Odonata Central or the Website are trademarks or registered trademarks of Odonata Central or Odonata Central’s Users or other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Odonata Central or third-party trademarks. This Agreement does not transfer to You any Odonata Central or third-party intellectual property, and all right, title and interest in and to such property will remain solely with Odonata Central or such owners.
- Changes. Odonata Central reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Odonata Central may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Odonata Central may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Odonata Central account, You may simply discontinue using the Website and request that deletion of Your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is.” Odonata Central and its suppliers and Members hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Odonata Central nor its suppliers or Members makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.
- Limitation of Liability. In no event will Odonata Central be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Odonata Central shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Odonata Central, their contractors, licensors and Members, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation this Agreement.
- Open Source. You agree to indemnify and hold harmless Odonata Central, its code contributors, its contractors, and its licensors and Members, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of Odonata Central’s source code or the acceptance of code contributions from outside parties.
- Miscellaneous. This Agreement constitutes the entire agreement between Odonata Central and You concerning the subject matter hereof, and may be modified only by a written amendment signed by an authorized executive of Odonata Central or by the posting by Odonata Central of a revised version of these Terms of Service. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign Your rights under this Agreement; Odonata Central may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.