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TERMS OF USE


By using the Oodles – Deals & Events mobile application from Oodles Corporation (collectively “Oodles”, “us”, “we” or “our”), you agree to follow and be bound by these terms of use (“Terms of Use”) and the Privacy Policy, which is hereby incorporated into these Terms of Use.

We may revise these Terms of Use and Privacy Policy at any time without notice to you.  It is your responsibility to review these Terms of Use and Privacy Policy periodically.  If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use Oodles.  If you have any questions about these Terms of Use, please contact us at info@oodlescorp.com. 

YOU AGREE THAT BY USING OODLES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

Privacy Policy.  Oodles respects your privacy and permits you to control the treatment of your personal information.  A complete statement of Oodles’ current Privacy Policy can be found by clicking here:  http://www.oodlescorp.com/privacy.html.


Ownership.  All right, title and interest in and to all the content and materials provided on Oodles, including but not limited to any intellectual property, content, information, documents, logos, video, graphics, sounds and images (the “Materials”) are owned or licensed either by Oodles or by our respective third party content providers, developers or vendors.  The Materials are protected under applicable international copyright, patent, trademark and other intellectual property laws.   Except as may be expressly stated by Oodles or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, including software and code, and nothing on Oodles shall be construed to confer any license under any of Oodles’ intellectual property rights, whether by estoppel, implication or otherwise.  Oodles does not sell, license, lease or otherwise provide any of the Materials.  Any rights not expressly granted herein are reserved by Oodles.


Limited Permission.  Oodles hereby grants you permission to view and transmit the Materials found on Oodles to your contacts through Oodles provided that (i) any copyright and trademark notice appears in such Materials, (ii) the Materials are not used on any other website, mobile application, or in a networked computer environment and (iii) the Materials are not modified in any way.  This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use.  On any such termination, you agree to immediately destroy any Materials you have in your possession.  Any unauthorized use of any Materials contained on Oodles may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.


Links to Third Party Websites.  Oodles may contain links to websites or mobile applications controlled by parties others than Oodles (each a “Third Party Website”).  Oodles may work with a number of partners and affiliates whose websites are linked with Oodles.  Oodles is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website, or any changes or updates made to such websites.  Oodles makes no guarantees about the content or quality of the products or services provided by such websites.  Oodles is not responsible for webcasting or any other form of transmission received from any Third Party Website.  Oodles is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oodles of the Third Party Website.  You acknowledge that you bear all risks associated with access and use of content provided on a Third Party Website and agree that Oodles is not responsible for any loss or damage of any sort you may incur from dealing with a third party.  You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such links or the content located on any such Third Party Website.


Reviews, Comments, Communications, and Other Content.  At various locations on Oodles, Oodles may permit users to post reviews, comments, and other content (the “User Content”).  Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.

Rights and Responsibilities of Oodles.  Oodles respects the intellectual property of others, and we ask our users to do the same.  Oodles may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Oodles with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on Oodles;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Oodles is not the publisher or author of the User Content.  It is a passive service for storage and dissemination of the ideas and opinions that Oodles users may choose to post and distribute as User Content.  Oodles does not screen works before they are posted, and no prior approval is required for posting.  Oodles disclaims all copyright and ownership in such works and all responsibility for them.

Although we cannot make an absolute guarantee of system security, Oodles takes reasonable steps to maintain security.  If you have reason to believe system security has been breached, contact us by E-MAIL at info@oodlescorp.com.

If Oodles finds that files or processes belonging to a user pose a threat to the proper technical operation of Oodles or to the security of other members, Oodles reserves the right to delete those files or to stop those processes.  If Oodles suspects a user name is being used by someone who is not authorized by the proper user, Oodles may disable that user’s access in order to preserve system security.

Oodles has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location, or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

Oodles reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of Oodles Users or Other Posters of User Content.  You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using Oodles that allows interaction or dissemination of information.  In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered.  For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it.  By posting such user content, you grant a loyalty-free, perpetual, non-exclusive, unrestricted, worldwide license to Oodles to use, publicly display, reprint, distribute, modify, and create derivative works, which will be owned by Oodles.  In posting a work as User Content, you authorize other users to make personal and customary use of the work, including creating links, reposting, reproducing or disseminating it.  You also give permission to Oodles to copy your works as part of the normal backup process.  You have the right to remove any of your works from User Content at any time.  The foregoing grants shall include the right to exploit any proprietary rights in such content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Your use of Oodles or posting User Content for any illegal activity under the laws of the State of California and the United States is a violation of these Terms of Use.  Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Oodles’ locality or your own residence.  Oodles is open to users worldwide, and Oodles cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.  You agree not to use Oodles in any way that could damage, disable, or impair Oodles, violate the privacy and security of other users, or interfere with any user’s use and enjoyment of Oodles.  You agree not to attempt to gain unauthorized access to any services or applications offered on Oodles, other accounts, computer systems or networks connected to Oodles, through hacking, password mining or any other means.  You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through Oodles.

Your Rights and Responsibilities as a Oodles User and Reader of User Content.  If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible.  Normally, Oodles will not take a role in mediating conflicts between you and other users.  Oodles does not take responsibility for your behavior or that of other users.  Your access to User Content is for your personal use only.  If you want to redistribute User Content, it is your responsibility to obtain permission from the owner of the User Content (and any other person with rights in such work).

No Warranty.  Oodles and all materials, documents or content provided on or through your use of Oodles are provided on an “as is” and “as available” basis.  To the fullest extent permitted by law, Oodles expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Oodles makes no warranty that: (a) Oodles or the materials will meet your requirements, (b) Oodles or the materials will be available on an uninterrupted, timely, secure or error-free basis, (c) the results that may be obtained from the use of Oodles, or any materials offered through Oodles will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through Oodles or in relevance on the materials will meet your expectations or are suitable for your use or circumstances.

Obtaining any materials through the use of Oodles is done at your own discretion and at your own risk.  Oodles shall have no responsibility for any damage to your mobile phone, computer system or loss of data that results from the use of Oodles.

Limitation of Liability.  In no event, including, but not limited to negligence, shall Oodles, our officers, directors, employees, agents, contractors, suppliers, or licenses be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use Oodles or materials available from Oodles, even if Oodles  has been previously advised of the possibility of such damage.  If your use of Oodles results in any damages or the need for servicing, repair or correction of equipment or data, you assume any costs thereof.  You specifically acknowledge and agree that Oodles is not liable for any defamatory, offensive or illegal content of any user.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which instance the maximum liability of Oodles to you is the lowest amount allowable under state laws.


Indemnification.  You agree to defend, indemnify and hold harmless Oodles, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Oodles and the Materials.


Unsolicited Submissions.  Oodles does not want you to submit confidential or proprietary information through Oodles.  All comments, feedback, information or material submitted to Oodles through or in association with Oodles shall be considered non-confidential.  By providing such submissions to Oodles you hereby grant Oodles a license to use, reprint, distribute, modify and create derivative works which will be owned by Oodles.  You acknowledge you are responsible for your submissions, including their legality, reliability, appropriateness, originality and content.


Compliance with Intellectual Property Laws.  When accessing Oodles you agree to obey the law and you agree to respect the intellectual property rights of others.  Your use of Oodles is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership.   You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Oodles.  If you believe that any content on Oodles is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and take Down provisions of the Digital Millennium Copyright Act.


Inappropriate Content.  When using Oodles, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  Oodles reserves the right to terminate or delete such material.  Oodles will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.


Children.   Oodles is not intended for any children under the age of 13.  We do not knowingly collect any information from anyone who is under 13 years of age.  If we become aware that any individual under the age of 13 has provided us with information, we will take steps to remove such information and terminate the child’s account.  If you are informed that your child has provided us with information without your consent, please contact us at info@oodlescorp.com. 


Governing Law.  By using Oodles, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California.  Any legal action or proceeding relating to your access to or use of Oodles shall be instituted in a state or federal court located in Contra Costa County, California.  You and Oodles agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.  These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving Oodles.


Copyright.  All Oodles design, text, graphics, the selection and arrangement thereof, Copyright @ 2017, Oodles Corporation.  ALL RIGHTS RESERVED.
Trademarks.  All images, text, logos, custom graphics and icons are service marks, trademarks, and/or trade dress of Oodles.


Acknowledgement.  By using Oodles, you acknowledge that you have read these Terms of Use and agree to be bound by them.
Contact.  If you have any questions about these Terms of Use or your dealings with Oodles, you can contact us at info@oodlescorp.com.