Terms of Service
Effective May 16, 2018
The following terms and conditions govern all use of the oodarocket.com website and all content, services, features, activities and products available at or through the website, including, but not limited to, OODA Rocket Events (collectively, the “Services”).
The Services are owned and operated by Durocher Designs Inc., currently doing business as OODA Rocket (“OODA Rocket”, “us” or “we”).
By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.
1. Content on the Services
1.1. In General.
Any opinions expressed by the contributors, authors and moderators who post content to OODA Rocket are the personal opinions of the authors, not of OODA Rocket, whether or not the authors are employees or contractors of OODA Rocket.
The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by OODA Rocket or any other party.
The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to Canadian and international copyright laws, and are owned or controlled by OODA Rocket or the party credited as the provider of the Content.
Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of OODA Rocket or the copyright owner identified in the copyright notice in the Content.
You agree not to change or delete any proprietary notices that appear in the Content.
You may not use any OODA Rocket logo or proprietary graphic or trademark without OODA Rocket’s express written permission.
You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in OODA Rocket and/or its content providers or licensors. OODA Rocket reserves any rights not expressly granted in this Agreement.
1.3. Limited License.
Subject to your strict compliance with this Agreement, OODA Rocket grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement.
The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in OODA Rocket’s sole discretion, and without advance notice or liability.
2. User-Generated Content
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services.
You agree not to do any of the following:
(A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program;
(B) post or transmit any message, data, image, content or program that would violate any property rights of others;
(C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents;
(E) upload files that contain a virus or corrupted data;
(F) falsify the source or origin of software or other material contained in a file that you upload to the Services;
(G) falsely purport to be an employee or agent of OODA Rocket;
(H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or
(I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. OODA Rocket’s Exclusive Right to Manage the User Submissions.
You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by OODA Rocket in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you.
You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all.
OODA Rocket reserves the right to treat User Submissions as content stored at the direction of users for which OODA Rocket will not exercise control except to block or remove content that comes to OODA Rocket’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to OODA Rocket, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to OODA Rocket’s attention.
However, OODA Rocket shall not be responsible for controlling or editing any Content, and OODA Rocket has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to OODA Rocket of Your User Submissions.
You hereby grant to OODA Rocket, and you agree to grant to OODA Rocket, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same.
In order to further effect the rights and license that you grant to OODA Rocket to your User Submissions, you also hereby grant to OODA Rocket, and agree to grant to OODA Rocket, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you.
You agree that you shall have no recourse against OODA Rocket for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions.
You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions.
Each time you submit a User Submission, you represent and warrant that, as to that User Submission,
(A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant OODA Rocket the rights to it that you are granting by this Agreement, all without any OODA Rocket obligation to obtain consent of any third party and without creating any obligation or liability of OODA Rocket;
(B) the User Submission is accurate;
(C) the User Submission does not and, as to OODA Rocket’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party;
(D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and
(E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users.
You are entirely responsible for the content of, and any harm resulting from, your User Submissions. OODA Rocket does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions.
The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to OODA Rocket (including your name, image, employer and location), may be publicly available.
Do not post information you consider confidential to the Services. In addition, you agree that OODA Rocket may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing.
You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services.
You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
3. Links to Third-Party Websites
The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and OODA Rocket is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites.
These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of OODA Rocket and, as such, OODA Rocket is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website.
4. Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on OODA Rocket infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify OODA Rocket here: https://oodarocket.com/contact.
It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5. Operation of the Services
OODA Rocket reserves complete and sole discretion with respect to the operation of the Services.
OODA Rocket may, among other things:
(B) withdraw, suspend or discontinue any functionality or feature of the Services.
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which OODA Rocket may undertake from time to time; or (iii) causes beyond the control of OODA Rocket or which are not reasonably foreseeable by OODA Rocket.
6. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED BY OODA ROCKET ON AN “AS IS” BASIS. OODA ROCKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OODA ROCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE.
OODA ROCKET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NON-BINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 6 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL OODA ROCKET BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF OODA ROCKET MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by OODA Rocket from its facilities in Canada. OODA Rocket makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. VIOLATIONS / INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OODA ROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
9. WAIVER AND RELEASE
YOU AGREE THAT NEITHER OODA ROCKET NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE OODA ROCKET SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT OODA ROCKET SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OODA ROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF OODA ROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
10. Complete Agreement
This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 11.
11. Modifications / Termination
11.1. In General.
Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only
(A) by obtaining our written consent in a notarized agreement signed by an officer of OODA Rocket; or
(B) as set forth below in Section 11.2.
11.2. Periodic Revisions.
You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by:
(1) posting a notice on the oodarocket.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on Oodarocket.com the first time that you visit Oodarocket.com following such revisions or modifications; or
(2) through a direct communication to you by email, if you have provided an email address to us.
You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on oodarocket.com (whichever is sooner).
If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email.
If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice.
We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
OODA Rocket may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your OODA Rocket account or by written communication delivered by registered mail to your address on record.
You may give notice to OODA Rocket at any time via electronic communication here: https://oodarocket.com/contact.
OODA Rocket may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement is not assignable, transferable or sub-licensable by you except with OODA Rocket’s prior written consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind OODA Rocket in any respect whatsoever.
The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.