LICENSE. If you agree to the TOU and (1) are of sufficient age(18) and capacity to use Oddworker and be bound by the TOU, or (2) use Oddworker on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Oddworker in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Oddworker, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Oddworker, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Oddworker content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Oddworker's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Oddworker's flagging or reporting processes. You agree not to collect Oddworker user information or interfere with Oddworker. You agree we may moderate Oddworker access/use in our sole discretion, such as by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
FEES. You authorize us to charge your account for Oddworker fees in paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Oddworker, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (1) make no promises, warranties, or representations as to Oddworker, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Oddworker on an "AS IS" and "AS AVAILABLE" basis and any risk of using Oddworker is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Oddworker. Oddworker is NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Oddworker, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to Oddworker ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Santa Rosa, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Santa Rosa, CA; (2) indemnify and hold Oddworker harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Oddworker; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.