Ondix provides Ondix free of use and "as
is." Any usage of the site, be it browsing; the purchasing,
submitting or reviewing of e-goods; or participating in the
site's communication services, such as message boards and chat
rooms, constitutes an agreement by the user to adhere to and
be bound by the following Terms of Use.
Clarity notice: "E-Goods" is Ondix's name for
content (graphics, articles, music files, applications, videos,
etc…). E-goods are all the things that you can read, view,
download or purchase on Ondix.
In accordance with the Children's Online Privacy Protection
Act (COPPA) that went into effect April 2000, persons younger
than 13 years of age are forbidden from becoming a member of
Ondix, posting on its message boards, reviewing or submitting
e-goods (content), or in any way becoming involved in its other
communication services without direct written consent from a
parent or guardian.
Liability Disclaimer
Ondix cannot guarantee or warranty the accuracy or validity
of the e-goods submitted and posted to Ondix. Although Ondix
has in place reasonable measures to test for a download's valid
performance, restrict offensive content and safeguard against
harmful devices, neither Ondix nor its Community Managers shall
be held responsible or liable for any damages that may result
from the download or use of any e-goods that are placed on or
transmitted via Ondix.
Users participate on Ondix at their own risk. Neither Ondix
nor its Community Managers shall be liable for any damages or
losses that result from a user's participation in any communication
service or Community activity. Users shall be responsible for
their own actions while on Ondix; while downloading, reviewing
or submitting e-goods to the site; and while interpreting and
acting in response to any posting or e-goods found on Ondix.
Ondix retains the right to modify, add or disable, either permanently
or temporarily, any service or feature of Ondix at anytime and
without notice. Users agree that Ondix shall not be held liable
for any loss or damage arising out of any interruption of service
distribution. Ondix makes no warranty that Ondix will be uninterrupted,
timely, secure or error free.
Indemnification
Users subject to the conditions of these Terms of Use agree
to indemnify Ondix, its Community Managers, officers, directors
and employees for any damages, costs and expenses, including
reasonable attorney fees, that accrue as a result of or arising
from any third party's claim against the user's activities on
Ondix, including any violation of these Terms of Use, the Code
of Conduct, copyright, trademark, patent or protected material
infringement, or any claim of defamation, slander, liable or
the like.
Legal Issues
Users must agree to abide by all applicable local, state, national
and international laws and regulations. The law of the State
of California will govern any disputes that arise out of a user's
participation in a Ondix Community. Any and all actions and
proceedings relating to a Community or its activities shall
take place in courts located in the State of California.
If any portion of this agreement is determined to be invalid
or unenforceable, it shall be superseded by the valid, enforceable
provision that most closely matches the original's nature and
intent. In this event, the remaining provisions shall all maintain
their integrity, validity and enforceability. Ondix's failure
to act upon a particular breach or violation, or to enforce
any right or provision of this agreement shall, in no way, waive
its right to act upon or enforce subsequent violations or provisions
similar in nature.
Regardless of any statute or law to the contrary, any claim
or legal action resulting from, including or regarding Ondix
must be filed within one year of the origination of the grievance.
Improper Usage and Conduct on Ondix
Participation in any Ondix Community is a privilege, not a right.
As such, visitors, Members, Residents and other participants
on Ondix will be held to the highest standard of public etiquette
and decorum. Although all users shall be held accountable for
their own conduct, Ondix has compiled the following list of
inappropriate conduct and unacceptable uses of Ondix. Failure
to comply with these terms will result in the immediate termination
of a user's account.
1. Offensive language of any nature cannot be tolerated on Ondix.
Since it is difficult to define what is offensive, the ultimate
decision will rest with the Community Manager. However, the
Community Manager is required to base his/her decisions on the
following guidelines.
No sexually offensive language - Sexually offensive shall be
defined as, but not limited to, any language that demeans, demoralizes
or degrades any gender or sexual preference or that graphically
or explicitly depicts any sexual act.
No racist or intolerant language - Racist or intolerant shall
be defined as, but not limited to, any language that is degrading,
bigoted, hateful, inciting, threatening, or vulgar toward any
individual or group based on skin color, ethnic background,
religious or political affiliation, sexual preference or other
personal affinity.
No profane language - Profane shall be defined as, but not limited
to, any language that is, by its nature, vulgar, obscene, indecent
or abusive to other members.
2. Personal attacks or the defamation of another's character
on or through Ondix is strictly prohibited. This includes posting
any message, submitting any e-goods or in any other way supplying
information that could be construed as libelous, harassing,
stalking, abusive, harmful, threatening, degrading or invasive
to the privacy of any individual or group. The posting of any
private information, either factual or rumored, regarding an
individual or group is also prohibited.
3. Users shall neither post nor submit to Ondix e-mails; portions
of text or graphics from e-mails; or any other messages written
or created by another individual as part of a private communication.
4. Users shall, in no way, use Ondix in the planning, promoting
or inciting of any illegal activity.
5. Users shall, in no way, collect or use any other member's
information for commercial purposes or financial gain without
direct, written consent from the member. The use of any Ondix
e-goods, name, logo or business model for resell or other
financial or commercial purpose, without the permission of
Ondix, is strictly prohibited.
6. Users shall not send chain letters, junk mail, "spamming",
solicitations or any other bulk communication to Ondix's Community
members without specific permission from the members themselves.
7. Users shall not post, submit or transmit any material,
data, e-goods or information that violates any local, state,
national or international law or that promotes any illegal
activity or incites others to illegal or violent actions.
8. Users shall neither disguise the origin of any posted comment
or submitted e-goods; impersonate any other person, either
real or fictitious; or misrepresent any type of affiliation
with another party.
9. Users shall not interfere with, modify or, in any way,
disrupt Ondix, its servers, networks, other properties or
components through the malicious or inadvertent transmission
of software, code, viruses, worms, bits or other disruptive
programs or files. Nor shall users employ such methods to
interfere with, modify or disrupt the systems or data of any
other Ondix user or affiliate.
10. Users shall not, in any way, interfere with another user's
rights, including, but not limited to, their right to positive,
effective communication free from offensive content, personal
attacks and the perpetual posting of comments unrelated to
the Community or its current topic.
Copyright Restrictions
Each user of Ondix is legally and ethically responsible for
any e-goods or comments he/she submits or posts to the site.
Ondix prohibits the posting or submitting of any text, graphic,
video file, audio file, concept, information or any other
material that infringes on any patent, trademark, copyright,
trade secret, right to privacy, right to publicity, or any
other applicable law or proprietary right.
By submitting e-goods to the site, the user is stating that
he/she owns the proprietary rights to the content and agrees
to allow Ondix to post it to their public site; or that the
proper usage rights of the material have been granted to the
user by the owner and it can legally be used by Ondix. Based
on this implied statement, Ondix's Community Manager will
assume sufficient rights to the e-goods have been granted
and will, at his/her discretion, post the e-goods to Ondix.
Users are responsible and liable for the legal and ethical
maintenance of e-goods once they have been purchased, viewed
and/or downloaded to a personal computer. All e-goods placed
on Ondix are protected under the proprietary rights of their
owners or creators. Users who purchase the digital e-goods
may not violate these proprietary rights through the reproduction,
duplication or distribution of the items. Users found to have
violated these proprietary rights shall be prosecuted to the
fullest extent of the law.
Notice of claims of copyright or proprietary rights infringement
must be submitted in writing to:
Ondix Editor
9500 Zelzah Ave. 315D
Northridge, CA 91325
User Responsibilities
Each user of Ondix is legally and ethically responsible for
any e-goods or comments he/she posts or submits to Ondix and
for any resulting consequences.
Users are responsible for any e-goods downloaded to their
system and any consequences of such action. Although Ondix
does have in place reasonable safeguards to protect its users
from damaging software programs and content, it cannot guarantee
or warranty the harmlessness, validity or accuracy of any
e-goods that are placed on its site. Users agree that Ondix
is not responsible for any system damages that result from
the downloading of e-goods from Ondix.
The advice and viewpoints expressed by any Ondix visitor,
Member, Resident, Community Manager, guest or employee are
not necessarily endorsed by Ondix. Users agree that it is
their responsibility to evaluate the risks and accept the
consequences of any utilization of advice obtained on Ondix.
In addition, Ondix neither controls nor necessarily endorses
the material placed on any site affiliated or linked to Ondix.
These sites are provided solely as reference and users are
responsible for their own actions on these sites and must
follow the sites' Terms of Use while visiting.
Termination
Community Managers and other Ondix employees may terminate,
at their discretion and without notice, the account of any
user who fails to follow Ondix's established Community Code
of Conduct and Terms of Use agreement.
Community Managers and other Ondix employees may remove, at
their discretion and without notice, any posting or submitted
content that violates Ondix's established Community Code of
Conduct and Terms of Use agreement.
Strict adherence to these Terms of Use is required of all
visitors and users of Ondix. There shall be no exceptions.
The Ondix web site, its graphics, text, software and content
management systems are protected under US patent, copyright
and trademark laws. All rights are reserved.
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