TERMS OF SERVICE
The Onda Group, Inc. ("The Onda", "us" or "we") operates TheOnda.com. The Onda, is located at http://www.TheOnda.com, and all subdirectories or sub extensions thereof (collectively, the "Website"). The Onda comprises services that allow users to explore the Internet, find new websites that may be of interest to them, receive recommendations of websites from The Onda, and join a community of individuals with similar tastes and interests ("The Onda Services"). The services offered by The Onda include The Onda Services, the Website, and any other features, content, or, applications offered from time to time by The Onda in connection with The Onda Services and Website (collectively, the "Services"). Content may include any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services ("Content" as used herein means any and all text, files, images, photos, video, sounds, postings, e-mails, messages, recommendations, comments, works of authorship, feedback, bug reports, or other materials)
In order to participate in The Onda Services, you need to set up a The Onda Services profile ("The Onda Profile"). After setting up your profile you may be required to download content and/or agree to additional terms and conditions. If you sign up for additional services, those additional services will be governed by the additional terms. Unless otherwise provided by such additional terms and conditions they are hereby incorporated into this Agreement by reference.
The Onda Account
Eligibility: By using the Services, you represent and warrant that: (a) all required registration information you submit is accurate and truthful; (b) you will maintain the accuracy and truthfulness of such information; (c) you are at least thirteen (13) years of age; and (d) your use of the Services does not violate any applicable regulation or law. Your The Onda Profile may be deleted without warning if The Onda has reason to believe that you do not meet these eligibility requirements.
Password: When signing up as a The Onda Member you will be asked to select a username and password for your The Onda Profile. You are entirely responsible for maintaining the confidentiality of your password and all use of your The Onda Profile. You hereby agree not to use The Onda Profile, username, or password of another The Onda Member at any time. You hereby agree to notify The Onda immediately if you suspect any unauthorized use of your The Onda Profile or access to your password.
Term: This Agreement shall remain in full force and effect during your use of the Services or during the period you remain a The Onda Member. You may delete your The Onda Profile and end your membership at any time, for any reason by following the instructions on the Help Menu page (http://www.TheOnda.com/help). The Onda may terminate your membership for any reason, effective immediately upon sending notice to you at the then-current e-mail address in your The Onda Profile.
Restrictions: Multiple The Onda accounts held by the same individual are subject to termination unless expressly authorized in advance and in writing by The Onda. Accounts created with the primary intention to promote a product or service are considered "Spam" and subject to termination unless expressly authorized in advance in writing by The Onda.
Effects of Termination: You understand that termination of this Agreement and your The Onda Profile may involve deletion of your The Onda Profile information from The Onda's live databases and servers. The Onda will not have any liability whatsoever to you for any termination of your The Onda Profile or related deletion of your information. The Onda will not have any liability whatsoever to you for any information lost or deleted pursuant to termination of your account. When an account is terminated The Onda reserves the right to re-issue the username they had selected for the now-deleted account.
The Website is made available to you for your personal, non-commercial use only. You may not reproduce, modify, publish, distribute, license, create derivative works from or sell any information or software associated with the Website without first obtaining written permission from The Onda by contacting The Onda at: http://www.TheOnda.com/licensing. You may not use the Website in any manner that could overburden, damage, disable, or impair the Services (including using the Website in an automated manner). You may not use the Website in any manner that could interfere with any other party's use and enjoyment of the Services. You may not use any third party software or scripts to access the Website or the Website's underlying technology or software.
Ownership: You hereby acknowledge that The Onda owns all rights, title and interest in and to the Services, including without limitation the Website and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, changes and restorations thereof, now or hereafter in force and effect worldwide.
Content: The Onda does not claim ownership in any Content that you post on, deliver to, or otherwise make available to the Services. However, in order for The Onda to be able to legally provide you with and promote the Services, The Onda must have certain rights to use such Content in connection with the Services, as set forth below. In return, The Onda also grants you certain use rights to the Content that The Onda (or its licensors) own and use to provide the Services to you and other Users, as set forth below.
Your Content: By posting any Content on the Services, you hereby grant to The Onda an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free license (with the right to sublicense through unrestricted levels of sub licensees) to use, copy, perform, display, create derivative works of, and distribute any such Content in any and all media or distribution method now known or hereafter developed throughout the universe. Additionally, by posting any Content on the Services and making your Content available via RSS distribution or by other methods to third parties authorized by The Onda to receive such Content, you hereby grant to all authorized third parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unrestricted levels of sub licensees) to copy, display, and distribute such Content in any and all media now known or hereafter developed) throughout the universe. No compensation will be paid to you with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the Terms and Conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
Restrictions: Except for that Content which is owned by you, which is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) publish, transmit, distribute, perform, sell, modify, or create derivative works based on the Content and Services; and/or (ii) rent, lease, loan, or sell access to the Services; (iii) decompile, reverse engineer, or copy any Content (other than the Content provided by you) or the Services for which the source code is not provided to you. You also agree to not remove, obscure, or alter The Onda's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Website. You will not: (i) cover or obscure the banner advertisements on your The Onda Profile page, or any The Onda page via HTML/CSS, scripting, or any other means known or hereafter invented, if any or (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Objectionable Content: The Onda reserves the right to remove content of any type that The Onda determines in its sole discretion is unlawful, fraudulent, threatening, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable websites are subject to immediate termination. Also, The Onda reserves the right to remove content that it determines in its sole discretion is primarily intended to promote a product or service.
Acceptable Use and Conduct
You are solely responsible for any and all Content that is published or displayed by or through your The Onda Profile on the Services, including any e-mail. You are solely responsible for your interactions with other Users.
Prohibited Content: You agree that you will not post any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive, promotes racism, bigotry, hatred or physical harm of any kind (in the sole determination of The Onda); (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities; (v) promotes, performs, copies or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or similar software; (vii) You will not add content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. or (ix) otherwise violates the terms of this Agreement or creates liability for The Onda. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
Prohibited Conduct: The Onda seeks to keep the Website safe and fun for all users, but your help is necessary to accomplish this. By using The Onda you make the following commitments: (i) you will not send or otherwise post unauthorized commercial communications (such as spam) on The Onda; (ii) you will not collect Users' content or information, or otherwise access The Onda, using automated means (such as harvesting bots, robots, spiders, or scrapers) without The Onda's permission; (iii) you will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TheOnda; (iv) you will not solicit login information or access an account belonging to someone else; (v) you will not bully, intimidate, or harass any user; (vi) you will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (vii) you will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions; (viii) you will not use The Onda to do anything unlawful, misleading, malicious, or discriminatory; (ix) you will not do anything that could disable, overburden, or impair the proper working of The Onda, such as a denial of service attack.
Breach: Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the The Onda systems and customers, or to ensure the integrity and operation of The Onda business and systems, The Onda may access and disclose any information and Content considered necessary or appropriate, including, without limitation, The Onda Profile information (including name and e-mail address), IP addressing and traffic information, usage history, and posted Content.
Enforcement: The Onda has the right, but not the obligation, to review or investigate any Content, and delete or modify any Content that, in the sole judgment of The Onda, violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for The Onda or for any User.
Images: You may not post a photograph, video, or other type of image of another person without that person's express permission.
Antivirus Software: You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies. The Onda is not responsible for third-party websites that contain or deliver viruses, spyware, malware, or other harmful content or code.
Third Parties and other Users
Third Party Content: Content from other Users, advertisers, and other third parties is made available to you through the Services. Because The Onda does not control such Content, you agree that The Onda is not responsible for any such Content, including advertising and information about third party products or services. Because The Onda does not have control over such Content, The Onda makes no guarantees about the accuracy, suitability, currentness, or quality of the information in such Content, and The Onda assumes no responsibility for objectionable, inaccurate, unintended, misleading, or unlawful Content made available by other Users, advertisers, or third parties. By choosing your preferences, you can designate types and categories of content you prefer to access, but The Onda cannot guarantee that you will only access the types and categories of information you designate. Some of the content served by The Onda will be from affiliated merchant sites and authorized third parties. Sales that occur through these affiliated sites may generate a commission payable to The Onda.
Responsibility: Your interactions with other Users on the Services, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that The Onda will not be responsible for any loss or damage incurred as the result of any such dealings, or with respect to any other User's use or disclosure of your Personal Information. If there is a dispute between you and any third party (including any User), The Onda is under no obligation to become involved; however, The Onda reserves the right, but has no obligation, to monitor disputes between you and other Users or advertisers.
Third-Party Websites and Partner Communities: The Services may contain links to third-party websites: (a) placed by The Onda as a service to those interested in such information; or (b) posted by other Users. The Onda may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect The Onda Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent The Onda provides such links, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. The Onda accepts no responsibility for reviewing changes or updates to, or the quality, content of, policies of, nature or reliability of, Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
It is The Onda policy to terminate membership privileges of any The Onda Member who repeatedly infringes copyright upon prompt notification to The Onda by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide The Onda's Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for The Onda's Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
20929 Ventura Blvd Suite 47291
Woodland Hills, CA 91364
Disclaimer of Warranties
The Onda disclaims any responsibility for any harm resulting from your use of Services.
The Services are provided "as is," with no warranties whatsoever. The Onda and The Onda licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and no infringement of proprietary rights. The Onda and The Onda licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Services. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Disclaimer: Under no circumstances shall The Onda be liable to any User on account of that User's use or misuse of the Services. Such limitation of liability shall apply to prevent recovery of consequential, indirect, incidental, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if The Onda has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use Services, or from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Limitation: Notwithstanding anything to the contrary contained herein, The Onda's liability to you for any damages arising from or related to (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty US dollars ($50) or the amounts you paid to The Onda in the twelve (12) months prior to the accrual of the claim. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Release: You hereby release The Onda, its officers, employees, agents, assigns and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of The Onda's offline events. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you have comments on The Onda Website or ideas on how to improve it, please contact The Onda at http://www.TheOnda.com/feedback. Please note that by doing so, you also grant The Onda permission to use and incorporate your ideas or comments into The Onda Website without further compensation or credit.
resolution of disputes
If a dispute arises between you and The Onda, The Onda's goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Onda agree that The Onda will resolve any claim or controversy at law or equity that arises out of this Agreement or The Onda services (a "Claim") in accordance with one of the paragraphs below or as The Onda and you both otherwise agree in writing. Before resorting to these alternatives, The Onda strongly encourages you to first contact The Onda directly to seek a resolution by going to the "Comments or Questions" help page located at http://www.TheOnda.com/feedback. The Onda will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes: This Agreement shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against The Onda must be resolved by a court located in Los Angeles County, California, United States of America, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, United States of America, for the purpose of litigating all such claims or disputes.
Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims: All claims must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, The Onda may recover attorneys' fees and costs up to $5,000.00, provided that The Onda has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The Onda, is located at 20929 Ventura Blvd Suite 47291, Woodland Hills, CA 91364. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.google.com/search?en&q=parental+control+applications.
Severability: If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
Continuing Effect: WEBSITE, Intellectual Property, Acceptable Use and Conduct, Third Parties and other Users, Disclaimer of Warranties, Limitation of Liability, resolution of disputes, and DISCLOSURES Sections of this Agreement will survive any termination of this agreement.
Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by The Onda.
This document was last revised May 23, 2011.