About the Oedipus Initiative
THE OEDIPUS INITIATIVE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
The Oedipus Initiative (“The Oedipus Initiative”) is a product of The Hector Fund, LLC and provides the The Oedipus Initiative website, Smartphone Application, mobile website, and Social Media platforms, and its associated features, content and services (collectively, the “Service”) to you, subject to the following Terms of Service (the “TOS”). By accessing the Service or any portion thereof, you signify your agreement to all terms, conditions, and notices contained or referenced in the TOS. If you do not agree to the TOS, do not use the Service. The Oedipus Initiative reserves the right, at its discretion, to update or revise the TOS from time to time without notice to you. Please check the TOS periodically for changes. You can review the most current version of the TOS at any time at http://www.The Oedipus Initiative.com/TermsOfUse.htm. Your continued use of this Service following the posting of any changes to the TOS constitutes acceptance of any such changes. In addition, when using particular services or features of the Service, you shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
3. DESCRIPTION OF SERVICE AND GENERAL OBLIGATIONS
3.1 Description of Service. The Service provides a collection of on-line resources, including without limitation: (a) access to Internet audio transmissions (“Audio Service”); (b) access via the Internet to music videos and text and video news regarding the music and entertainment industries (“News Service”); (c) a unique Podcast/Broadcast (“Podcast”); (d) Events Calendar (“Calendar”); (f) a web log with components for user comments and article posts (“Blog”); (g) the ability to purchase merchandise and concert tickets (“Merchandise Service”); (i) Photo Gallery & Vault featuring photographs and representations of selected materials and items (“Gallery & Vault”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for The Oedipus Initiative to provide the Service. You also understand and agree that the Service may include certain communications from The Oedipus Initiative and its Service Providers, such as product/service announcements, administrative messages, special offers and newsletters, and that these communications are considered part of Service membership and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new The Oedipus Initiative properties or services, shall be subject to the TOS.
3.2 Membership Levels. The Oedipus Initiative reserves the right, at any time and without prior notice, to: (a) establish different membership levels, such as trial and full memberships, that provide different Service features and privileges; (b) charge fees for access to the Service or any portion thereof, or for participation in different membership levels; and/or (c) require users to take other actions to obtain or maintain participation in certain membership levels, including without limitation making qualifying purchases through the Service. In consideration of your use of the Service and/or participation in certain membership levels, you hereby agree to pay The Oedipus Initiative any such fees or take such other qualifying actions specified within the Service, as modified determined by The Oedipus Initiative from time to time in its sole discretion. Unless otherwise specified, all fees are due immediately and are non-refundable. All payments of fees for The Oedipus Initiative services shall be made in U.S. dollars. In the event that you fail to make timely payment of fees that have become due and payable, such failure shall constitute a material breach of the TOS, and, in addition to any other remedies available to The Oedipus Initiative: (a) The Oedipus Initiative may suspend your access to the Service until such payment is received; (b) all sums due and payable that remain unpaid will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less; and (c) you will be liable for any attorney fees, collections agency fees and other service fees that The Oedipus Initiative incurs to collect unpaid fees.
3.3 Access to Service. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, telephone or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.4 Registration, Accounts and Passwords. In consideration of your use of the Service, you represent that: (i) you are of legal age to form a binding contract; or (ii) your registration for, and use of, the Service is expressly authorized by a parent or guardian of legal age to form a binding contract and who agrees to be bound by the TOS. You further represent that you have provided accurate information regarding your age as part of the Registration Data and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Your right to use the Service is personal to you. Therefore, a user may only be an individual, not a corporation or other business entity. You also agree to: (a) provide true, accurate, current and complete Registration Data; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Oedipus Initiative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Oedipus Initiative has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You will receive a password and account designation upon completing the Service’s registration process. Your password and account are solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (1) immediately notify The Oedipus Initiative of any unauthorized use of your password or account or any other breach of security; and (2) ensure that you exit from your account at the end of each session. Neither The Oedipus Initiative nor its Service Providers will be liable for any loss or damage arising from your failure to comply with this section.
3.6 User Content and Member Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that any user stores on the Services or posts, sends, publishes or otherwise transmits by any means through the Service (collectively “User Content”) are the sole responsibility of the person from which such User Content originated. This means that you, and not The Oedipus Initiative or its Service Providers, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. The Oedipus Initiative does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, legality or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or violative of third-party rights. Under no circumstances will The Oedipus Initiative or its Service Providers be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any User Content that is false or misleading, promotes illegal activities, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, patently offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way, provide User Content that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18;
(c) impersonate any person or entity, including, but not limited to, a The Oedipus Initiative official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any User Content that infringes, or contributes to or facilitates the infringement of, any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, without limitation, pirated computer programs or links to them, information to circumvent manufacturer-installed copy-protect devices, or pirated music or films or links to pirated music or film files;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are clearly designated for such purpose (for the purposes of the TOS, “spam” has the meaning generally understood among Internet users, and includes without limitation “unsolicited electronic mail advertisements” as that phrase is defined under California Business and Professions Code section 17538.45 or any successor statutory provision);
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses, spyware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed to collect, transmit or monitor private information or activities of users;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including, without limitation, imposing an unreasonable or disproportionately large load (as determined by The Oedipus Initiative in light of the load imposed by other users generally) on the infrastructure of The Oedipus Initiative or its Service Providers, or using any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from The Oedipus Initiative or any of its Service Providers;
(k) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, including, but not limited to any rules or regulations promulgated by any securities regulatory agency or exchange;
(l) “stalk” or otherwise harass another;
(m) solicit, collect, store, transmit or publish passwords or personal data about other users without permission;
(n) solicit, collect, store, transmit or publish personal or confidential information of other users or third parties by means of fraud, false pretenses or “phishing” schemes;
(o) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
(p) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, without limitation, providing instructions on how to assemble bombs, grenades and other weapons, creating computer viruses and creating “Crush” sites; or
(q) engage in the following commercial activities:
· stating or implying any affiliation with, or endorsement by, The Oedipus Initiative in connection with offering for sale or barter any products or services;
· reselling or relicensing the Service or any portion thereof in any form;
· promoting advertising or pyramid schemes;
· soliciting for advertisers or sponsors; or
· conducting raffles, sweepstakes or contests.
You acknowledge that The Oedipus Initiative will pre-screen User Content, and that The Oedipus Initiative and its Service Providers shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is made available via the Service. Without limiting the foregoing, The Oedipus Initiative and its Service Providers shall have the right, without notice, to monitor and review the Service (including without limitation user accounts and any User Content stored in public and non-public areas of user accounts), and remove User Content, in the event that The Oedipus Initiative or its Service Providers: (a) suspect that any user activity or any User Content violates the TOS, violates applicable laws or regulations or rights of third parties, or is otherwise objectionable; or (b) need to diagnose and/or correct potential problems with the Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Similarly, you acknowledge that you may not rely on any content of the Service created or submitted to The Oedipus Initiative or its Service Providers, including without limitation information in the News Service, and in all other parts of the Service.
You acknowledge and agree that The Oedipus Initiative and/or its Service Providers may, without notice, review, preserve, copy and disclose User Content (including without limitation any User Content stored in public and non-public areas of user accounts) to service providers, law enforcement officials, courts and/or other third parties if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) conform to legal requirements or to comply with a subpoena, search warrant or other legal process received by The Oedipus Initiative or its Service Providers, whether or not a response is required by applicable law; (b) enforce the TOS or to protect the rights of The Oedipus Initiative or its service providers; (c) respond to claims that any User Content violates applicable laws or regulations or the rights of third parties; or (d) protect the rights, property, or safety of the public and users of the Service. NEITHER THE OEDIPUS INITIATIVE SPECIFICALLY, THE HECTOR FUND, LLC, NOR ANY SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER ARISING IN CONNECTION WITH ANY REPRODUCTION, RELEASE OR DISCLOSURE OF USER CONTENT PURSUANT TO THIS PARAGRAPH. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, UNDER NO CIRCUMSTANCES SHALL THE OEDIPUS INITIATIVE HAVE ANY LIABILITY OR RESPONSIBILITY IN CONNECTION WITH: (I) ANY RELEASE OR DISCLOSURE OF USER CONTENT BY ANY SERVICE PROVIDER UNDER THIS PARAGRAPH, EVEN IF SUCH RELEASE OR DISCLOSURE RESULTS FROM MISTAKE, ERROR IN JUDGMENT, NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SUCH SERVICE PROVIDER; OR (II) ANY FAILURE OR REFUSAL OF A SERVICE PROVIDER TO COMPLY WITH A SUBPOENA, SEARCH WARRANT OR OTHER LEGAL PROCESS WHERE USER CONTENT IS CONTROLLED BY SUCH SERVICE PROVIDER. Subject to the foregoing limitations, subpoena requests may be initiated by sending an email to email@example.com, and The Oedipus Initiative will respond to such request or provide information regarding how to contact the Service Provider that can respond to such request.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by The Oedipus Initiative and/or Service Providers. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
3.7 Export Restrictions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
For further information regarding the Terms of Service set forth above, please contact The Hector Fund, LLC at 888.445.8126, by mail at The Hector Fund, LLC – 31 Ellington Rd, Suite #2, Somerville, MA 02144, or by email at firstname.lastname@example.org