BEFORE USING OUR SITE PLEASE READ ALL TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE YOU INDICATE AN UNDERSTANDING OF OUR TERMS AND CONDITIONS OF USE AND YOUR EXPLICIT ACCEPTANCE OF THOSE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
This site, B.io, is the property of, and a subsidiary of, Odradek Records, LLC (“Odradek”). By using this Site for any reason, you agree to all Terms and Conditions of Use. Any person viewing this Site for any reason is considered a User for purpose of these General Terms and Conditions.
Odradek reserves the right, at its sole discretion, to change, modify, add or delete portions of these General Terms and Conditions at any time. It is the Site User’s responsibility to check these General Terms and Conditions for changes. Continued use of the Site implies knowledge and acceptance of any and all changes in the General Terms and Conditions. Odradek grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site provided Users continue to abide by all General Terms and Conditions of use.
Odradek Records, LLC, is registered in the USA in the state of Kansas with its registered office at 1040 New Hampshire Street, Lawrence, Kansas, 66044. B.io is a platform and tool for individuals and companies, for hosting biographies and providing a workflow for revising, updating, and translating them.
Use of the Site is subject to these Terms and Conditions of Use. Acceptance of these Terms and Conditions of Use is an electronically binding agreement between each Site user and Odradek. If a user does not accept these Terms and Conditions of Use, that user should not register for or participate in using the Services offered by and through B.io.
Odradek Records, LLC, its parent and affiliates (“we” or “us”) make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to access and share their profiles and other content. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are based in the United States. The Services are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
The Services include this Site and may also be located on third party Sites or applications either by way of a link from, an add-on service to, or otherwise in connection with, Sites that such third parties control. We are not legally responsible for, and do not warrant, represent or guarantee any goods, services, information or anything else provided by third parties. If a User should have a dispute with a third party, We are in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
Please read this Agreement carefully before creating, accessing or using the Services. You understand and agree that this Agreement governs your relationship with us, and that it has the same effect as an agreement in writing.
We hereby grant you a limited, nonexclusive and nontransferable right and license to use B.io in accordance with this Agreement.
You may not:
create any derivative works based on B.io’s writing, editing, and translation tools, it’s original source code, or any part thereof;
distribute, license, sublicense, promote, distribute, market, sell, lease, assign, convey, transfer or transmit its writing, editing, and translation tools, or any part thereof (whether physically or electronically);
decompile, disassemble, decode or otherwise reverse engineer its writing, editing, and translation tools, or any part thereof;
Charge for access to B.io or establish an independent payment gateway to an page embedded from B.io; or,
Use B.io’s logos or trademarks without our consent.
All right, title and interest in and to each of the following is, shall be, and at all times shall remain the exclusive property of Odradek and any third parties whose software programs may have been, or may be, incorporated into its online evaluation tool:
its writing, editing, and translation tools, the Object Code and the Source Code;
any software, software modifications, derivative works, processes, configurations, system referenced data, procedures and other intellectual property rights relating to data processing and information technology developed or held by either party hereto from its use of its online evaluation tool or in the performance of its obligations according to this Agreement; and,
all copyright, trademark, patent, trade secret and intellectual property rights in its writing, editing, and translation tools.
Odradek, on behalf of itself and any third-parties with software that may have been, or may be, incorporated into B.io, reserves all of its, and all of such third-parties’, rights in the same.
Registration is optional; however, you will need to register with us and create a username to use certain Services and features. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. To register a username and create an account, you must be at least 13 years of age. You must give us true and accurate information about yourself and keep that information up to date. We may refuse or reject a username in our discretion.
By submitting Content on the Services you grant us, our parent, and our Suppliers a world-wide, royalty-free, sublicensable (through multiple tiers), irrevocable (for so long as your Content is stored with us), and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile, and you include a right to, when requested by you, make such Content available to, and pass these rights along to, others with whom B.io has contractual relationships related to the provision of B.io Services, solely for the purpose of providing such services (such as ghost-writing, editing, and translation, as well as a right to permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations.
If you elect to use any third party service or application that is integrated with B.io, you also agree that the licenses granted to B.io in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant B.io the right and license to enable third party access to and extraction of your Content. B.io does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
If you delete Content, we will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates these terms or any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of an account to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
If you create a profile, comment on a profile, or otherwise transmit or post materials (e.g., text, graphics, applications, etc.) on the Services (any such material, “Content”), you understand and agree that you are entirely responsible for such Content that is provided by you or through your account. This includes, for example, any personal information, such as your home address, the home address of others, or your current location that you may make available about yourself on the Services. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on B.io.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
To use our Services, you must:
Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
Immediately notify us if you learn of a security breach or other illegal activity on the Services;
Protect your username and password;
Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and,
Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
By making Content available, you represent and warrant that: you have the full right, power, authority and capacity to enter into, and fully perform your obligations according to this Agreement; the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company. You warrant that all information you post on your profile page is truthful and accurate, and your delivery of the Content to B.io does not result in your, or any other party’s, obligation to pay fees to any third party, and does not create in any third party the right to claim any fees or sums, goods and/or services from B.io.
You may not impersonate another person or claim a name for your profile that does not belong to you (i.e. “name squatting”). We are committed to ensure the rights of trademark owners and the right of individuals in the public sphere to claim their legal names and associated monikers on the Services. You understand and agree that you will forfeit a username and your account if the rightful owner protests your claim, or if such username is associated with a trademark or celebrity.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ license or passport). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Site and/or B.io in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave, consisting of comments and a multidimensional rating together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Site while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Site from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the B.io feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Site. You may not use your feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a Site operated by Odradek or its related entities without our written permission.
You must not post your email address or other contact information on the Site, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Site.
Unless you have a prior relationship with a User or a Service Provider, you must only communicate with Users and Service Providers via the Site, including by using the provided User profile contact forms (if enabled by that User), or via the Site’s chat facilities for communicating with Service Providers of the Site. Unless we provide a User's contact information through a feature or function available through the Site, you must not, and must not attempt to, communicate with other Users in respect of work commissioned on the Site through any other means, such as email, telephone, Skype, and third party instant messenger clients.
If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. You must not add text to, describe, or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that we consider inappropriate or unlawful, or is otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty (30) days prior written notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you.
We offer optional occasional premium paid services such as ghost-writing, editing, and translation services, and other features on the Services, using a system called Milestone Payments (see below). By selecting to purchase a premium service, you agree to pay us the fees indicated for that service. Payments will be charged when you confirm your use of the service and will cover the use of that service one time only. Future use (such as re-translation after editing your profile) will be subject to future payment, which fees will be clearly indicated. Premium service fees are not refundable.
Additionally, we offer offer premium paid services on a subscription basis for “agency accounts”, such as multi-user and multi-profile accounts. By selecting to purchase a premium service, you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
You must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
The Site will display rates in the local currency of the User, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
Any trial promotion for a fee-based Service must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and any sub- or linked-accounts. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.
We do not operate an escrow service. We do however, provide a service which allows controlled payments to be made with respect to a service called Milestone Payments.
Commissioned services are paid via Milestone Payments, which will be locked from your account and cannot be claimed by the service provider until:
you and the service provider agree that the funds can be claimed by the service provider, by accepting the work they provided;
if there is a dispute, you and the service provider have concluded the Dispute Resolution Process and the Dispute is resolved in the service provider’s favor;
you acknowledge that the service provider has completed the services fully and satisfactory.
If you do not approve of the service provider’s work, the parties may elect to resolve the issue under the Dispute Resolution Process.
If we have not received any instructions from you in respect of a Milestone Payment within six months after the day that the Milestone Payment was paid and you have not logged into your Account during that time, the Milestone Payment will be unlocked and released back to you.
We offer the Milestone Dispute Resolution Services to Users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) we are not providing legal services; (ii) we will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Odradek for any such counsel.
In the event of a dispute between you and a service provider regarding a return or release of Milestone Payments, either your or the service provider may elect to use the Milestone Dispute Resolution Services offered by Odradek as set out in the Milestone Disputes Policy. You and the service provider will then be notified that the matter will be addressed through the Milestone Dispute Resolution Services.
You agree to indemnify and (to the maximum extent permitted by law) hold Odradek and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.
We will respond to disputes initiated by you or by a service provider in accordance with the Milestone Dispute Resolution Services as set out in this clause and the Milestone Disputes Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Site by Odradek as set out in the clause entitled Disputes with Us.
You acknowledge and agree that in the event that a dispute arises between you and a service provider in relation to any work commissioned through B.io that you will first attempt to resolve any differences that you have in relation to such commissions, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with the service provider in relation to the commissioned work we encourage you to contact us as set out in the Clause entitled "Contacting us".
You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and a service provider will be handled in accordance with this clause. Odradek will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Odradek shall have the right to request the User and the service provider to provide documentation in support of their claim or position in relation to the dispute. You agree that Odradek has absolute discretion to accept or reject any document provided. You also acknowledge that Odradek is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Odradek and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Site, you hereby agree to indemnify Odradek from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, parents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The B.io Code of Conduct applies to all the services offered by Odradek, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute.
A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.
If a dispute arises between you and Odradek, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at firstname.lastname@example.org.
For any claim, Odradek may elect to resolve the dispute in a cost effective manner through binding arbitration, as described below in the section Miscellaneous.
We can remove Content for any reason, but we have no obligation to do so. The Content provided on the Services, including Content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
Copyright and trademark owners can report alleged violations by sending an email to email@example.com. B.io is committed to complying with all terms, including the “safe harbor” sections of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). Please see our Digital Millennium Copyright Act (DMCA) Notice.
We may display your company or business name, logo, images or other media, and public description of the persons whose profiles you create as part of the B.io Services and/or other marketing materials relating to the B.io Site, except where you have explicitly requested that we do not do this and we have agreed to such request.
Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
The Services and the Content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content. This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos and trade names.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any subscription based fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
We may terminate your access to all or any part of the Services and terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, B.IO’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Profile, including but not limited to your violation of this Agreement.
This Agreement along with any supplemental terms accompanying certain Services constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or if we post changes to these terms.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF KANSAS WITHOUT REGARD TO CONFLICTS OF LAW. B.IO’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision.
If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon User to the maximum extent allowed by law.
ANY AND ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE SETTLED IN BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). ANY AND ALL CLAIMS OR CONTROVERSIES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND MUST NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY OTHER CLAIM OR CONTROVERSY OF ANY OTHER PARTY. SUCH ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN LAWRENCE, KANSAS AND ANY JUDGMENT RENDERED MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER USER OR B.IO MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN KANSAS AS MAY BE NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF USER OR B.IO.
WITH RESPECT TO ANY LITIGATION BASED ON, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS, THE PARTIES HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE OF KANSAS LOCATED IN DOUGLAS COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF KANSAS (AND ANY COURTS OF APPEAL RESPECTIVELY THERE FROM). THE PARTIES HEREBY EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE, INCLUDING WITHOUT LIMITATION ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Regardless of any statute, law, regulation or otherwise to the contrary, any claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall result in such claim being forever barred.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We can be contacted via email at firstname.lastname@example.org or via mail at 1040 New Hampshire Street, Lawrence, KS 66044, USA.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with B.io outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on B.io (such as payments). You will not use B.io if you are prohibited from receiving products, services, or software originating from the United States.
If you are using the Service as part of a B.io Agency account, your use of the Service is governed by these Terms, except where the Separate Agreement governing the B.io Agency account provides conflicting terms. An Administrator of a B.io Agency account has the responsibility to share the terms of such Separate Agreement with each Agency account user. Please review the contract terms applicable to your use of the Service with the Administrator of your Agency account, if your B.io account and profile are linked to an Agency account.
If you are participating as a user of a B.io Agency account, you should know that the Administrator of the B.io Agency account has rights to access, reproduce, distribute, modify, and otherwise affect, and impose additional rules regarding Content belonging to your account and public profile.
Our pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to B.io through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) B.io is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) B.io shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) B.io may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of B.io without any obligation of B.io to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from B.io under any circumstances.
Last Updated: April 1, 2016
© 2016 b.io™. All Rights Reserved.
Updated April 1 2016
Personal information is data that can be used to identify or contact a single person. Odradek does collect personal information about some Site Users. Examples of personal information Odradek may collect include:
Information Collected Upon Registration: When you create or reconfigure a B.io account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your name and username, may be listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration.
Additional Information: You may provide us with additional information to make public, such as your biography, your location, education, work, contact information or a picture. You may customize your account with information such as a cell phone number for the delivery of SMS messages or your address book so that we can help you find B.io users you know. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.
Location Information: You may choose to note your location in your on your B.io profile.
Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data.
Links: B.io may keep track of how you interact with links by redirecting clicks or through other means. We do this to help improve our Services, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Unless Users direct otherwise, Odradek may use personal information to keep Users informed about Odradek products and upcoming events. Odradek may also use personal information to send Users notices about purchases and changes to Odradek policies.
Odradek may also collect non-personal information, data in a form that does not permit direct association with any specific individual, such as occupation, language, and location where an Odradek product is used. Non-personal information may be used to assist Odradek to understand customer behavior and improve our products, services, and advertising.
Odradek’s Site may use “cookies” to better understand User behavior, tell it which parts of its Site people have visited, and facilitate and measure advertising effectiveness. Information collected by cookies is considered non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, Odradek also treats these identifiers as personal information. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Sites you visit.
Device Identifiers: When you use a mobile device like a tablet or phone to access our service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.”A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by B.io.
Metadata: Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of user content was collected and how that content is formatted. Users can add or may have Metadata added to their user content including tags, location, work, education and other Metadata. This makes your user content more searchable by others and more interactive.
Third Party Services: B.io uses a variety of services hosted by third parties to help provide our Services, and to help us understand the use of our Services, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
Odradek may gather some information automatically (i.e., IP addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp). Odradek may use this non-personal information for marketing purposes.
Odradek may make certain personal information available to partners that help Odradek provide products and services. Personal information will only be shared by Odradek as required to provide the Services, improve our products, and to complete User’s purchases; it will not be shared with third parties for their marketing purposes. Third party companies and Suppliers are obligated to protect Users’ information and may be located wherever Odradek operates.
help you efficiently access your information after you sign in;
remember information so you will not have to re-enter it during your visit or the next time you visit B.io;
provide personalized content and information to you and others, which could include online ads or other forms of marketing;
provide, improve, test, and monitor the effectiveness of B.io;
develop and test new products and features;
monitor metrics such as total number of visitors, traffic, and demographic patterns;
diagnose or fix technology problems.
We do not disclose your private information except in the limited circumstances described here.
Your Consent: We may share or disclose your information with your consent, such as when you use a third party web client to access your B.io account.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside a User’s country of residence − for Odradek to disclose a User’s personal information. Odradek may also disclose information about a User if Odradek determines that for purposes of national security disclosure is necessary or appropriate.
Odradek may also disclose personal information if Odradek believes disclosure is reasonably necessary to protect its operations or Users. Additionally, in the event of a reorganization, merger, or sale Odradek may transfer any and all personal information Odradek collects to the relevant third party.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public bio or the number of users who clicked on a particular link (even if only one did).
Odradek takes precautions — including administrative, technical, and physical measures — to safeguard a User’s personal information against loss, theft, and misuse. When a User visits some portions of the Odradek Site, however, personal information provided by that User may be visible to other Users. Users assume responsibility for the information they voluntarily provide under such circumstances.
If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.
Odradek does not knowingly collect personal information from people under 13. If Odradek learns that Odradek has collected the personal information of a child, Odradek will take steps to delete the information as soon as possible. If you become aware that your child has provided us with personal information without your consent, please contact us at email@example.com.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Odradek Records, 1040 New Hampshire Street, Lawrence, KS 66044, USA. Odradek will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Odradek and the complainant, Odradek has agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the Safe Harbor Privacy Principles, as well as to cooperate and comply with the Federal Data Protection and Information Commissioner of Switzerland. The EU DPAs panel may be contacted at ec-dppanel- firstname.lastname@example.org and the individual EU DPAs may be contacted directly as well (see http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm). The contact information for the Swiss FDPIC can be found at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en.
To make certain a User’s personal information is secure, Odradek instructs all employees on privacy requirements and directs them to strictly enforce privacy safeguards within the company.
B.io is committed to complying with all terms, including the “safe harbor” sections of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). B.io requires written notification of any alleged copyright infringements. It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
If your copyrighted material has been posted on this site and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights.
The following elements must be included in your copyright infringement claim:
• Provide evidence showing you are the authorized person to act on behalf of the owner, or authorized agent, of an exclusive right that is allegedly infringed with your physical or electronic signature.
• Provide sufficient contact information so that we may contact you including mailing address and telephone number. You must also include a valid email address.
• You must identify in sufficient detail the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
• You must Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed. Send the written infringement notice to the following address and an email notification to: email@example.com
If your notice is not in writing, or fails to address all the points above, your request will most likely not be honored as the Digital Millennium Copyright Act would not require us to do so. Milestone Dispute Resolution Policy
This Policy sets out the dispute process to be followed when a User and Service Provider who have used the Milestone Payment system elect to use to the Milestone Dispute Resolution process to resolve a dispute between them.
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
Once a dispute is opened, a User is given 7 days to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be transferred to the Service Provider’s account.
Once a dispute is opened, a Service Provider is given 4 days to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be returned to the User’s account.
STAGE 1 - Identifying the issue The complainant should select the Work and the Milestone payment or payments to be disputed.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Work (if a User) or wish to get paid for the Project (if a Service Provider). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
STAGE 2 - Negotiations At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have B.io’s Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first. If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both Users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute System, or that is otherwise available to the Dispute Team, such as the project description and correspondence between the parties.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 7 days). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 4 days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated stage 4, with the arbitration fee initially paid refunded.
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Site and download or access all texts related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
Odradek will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by law.
The fee for a milestone dispute is $5.00 USD or 5%, whichever is greater, payable by each party. The fee will then be refunded to the winner of the dispute. See the Fees and Charges page for details.B.io Code of Conduct
B.io has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to B.io Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.
I will act ethically and with integrity;
I will comply with all of B.io’s policies;
I will respect the rights of all Users;
I will not abuse confidential information, or participate in any other illegal practice;
I will have regard for Users' interests, rights and safety;
I will not harass, bully or discriminate;
I will not falsify my own or any other identity and I will provide true and correct information;
I am responsible for the content I post on B.io and:
I will not post content that infringes upon any copyright or other intellectual property right;
I will not post content that violates any law or regulation;
I will not post content that is defamatory;
I will not post content that is obscene or contains child pornography;
I will not post content that includes incomplete, false or inaccurate information about any person;
I will not post content that contains any viruses or programming routines intended to damage any system;
I will not post content that creates liability for Odradek or harms its business operation or reputation;
I will respect confidentiality and privacy;
I will not disclose information or documents acquired, other than as required by law or where authorization is given;
I will not ask other B.io users for their private contact details and will communicate with them only through Site features;
I will report any breaches;
I will not engage in fraud;
I will not create multiple accounts;
I will not use the Site to transfer funds illegally;
I will not use the Site to generate false feedback;
I will avoid exaggeration, derogatory remarks, and inappropriate references;
I will not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct;
I will not spam;
I will not use B.io to facilitate money exchange