Website Terms of Use

These Terms of Use (Terms) govern your use of the OhDex (OhDex, we, us, or our) website located at https://ohdex.gg (the Website) and any associated platform, software, tools, features, or functionalities provided on or in connection with OhDex’s services, including without limitation our services to access and use of the Website (collectively the Services).

In these Terms, user, you and your means you as the user of the Service. If you use the Service on behalf or in connection to a company or other entity, then the terms user, you and your means you and that entity, and includes its directors, agents, subcontractors and employees, as applicable.

Please read these Terms carefully as they contain important information and affect your legal rights. By accessing or using our Service, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

These Terms were last updated on 5th October 2024.

1. Changes to these Terms

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Website or through other communications. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must cease use of the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

2. Accessing the Service

You must be at least 16 years old to access the Services.

If you want to use specific features of the Services, you must create an account (Account). You can create an Account via the Website. To create an Account, you must provide us with accurate, complete, and up-to-date information. You agree to update such information as necessary to keep your Account accurate, complete, and up-to-date. If you do not keep the details on your Account accurate, we may suspend or terminate your Account.

You acknowledge and agree that you must not disclose your Account password to anyone and you acknowledge and agree to notify us immediately of any unauthorised use of the Account. You acknowledge, understand, and agree that you are responsible for all activities that occur under your Account.

We will collect, access, use and disclose your personal information per our Privacy Policy. By using the Website in connection to the Services, you agree that any information given to us is per these Terms and any other terms or policies notified to you by us or any other applicable providers.

As a condition for your access to the Website and use of the Services, you warrant to us that:

• you are at least 16 years of age;
• you possess the legal authority to create binding legal obligations;
• you will use the Website per these Terms; and
• all information supplied by you to us is true, accurate, current and complete.
  

If you use the Service on behalf of a company, you represent and warrant that:

• you are an authorised representative with the authority to bind the entity to these Terms; and
• you agree to these Terms on the entity’s behalf.
  

We will ensure that we maintain the operation of the Website and any other platforms to ensure that they are in good working order, subject to internet and network connection issues that are beyond our control. The Service provided to you is not exclusive to you and we may provide similar services to other users of the Website and any associated platform.

3. User Conduct

You represent and warrant that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and data while accessing or using the Website. When using the Website, you must not:

• use it for any purpose or in any other manner other than as permitted by these Terms;
• use it for any fraudulent or illegal purposes or distribute any viruses or other technology that may harm us, the Website or other users;
• distribute spam or send unauthorised advertising to other users;
• reproduce, make error corrections to or otherwise modify or adapt the Website;
• disseminate any software that could damage, disable, overburden, or impair the functioning of the Website in any manner;
• disassemble or reverse engineer the Website or permit any third party to do so;
• modify or remove any copyright or proprietary notices on the Website;
• use the Service or data collected from the Website for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
• knowingly or negligently use the Website or the Services in a way that disrupts our networks or any other service OhDex provides;
• copy the Services or any other details on the Website;
• post, upload, publish, submit or transmit any content that:


• infringes, misappropriates or violates a third party’s patent, copyright, trade mark, trade secret, moral rights or other intellectual property rights, or rights of publicity, or privacy;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading or deceptive;
• is defamatory, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
• promotes illegal or harmful activities or substances;


• violate any applicable law or regulation;
• harvest, collect or gather user data without the user’s consent or except as permitted by these Terms; or
• use the Website or its associated services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You must comply with all of our usage guidelines, directions and policies as notified to you from time to time. The provision of the Website and associated platforms does not include the provision of a computer, mobile telephone, handheld device or other equipment to access the Website and associated platforms. To use the Website, you will require internet connectivity.

You acknowledge that the terms of agreement with your internet provider will continue to apply when using the Website. As a result, you may be charged by your internet provider for access to network connection services for the duration of the connection while accessing the Website or any third-party charges that may arise, and you accept responsibility for all such charges.

4. Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and understand that we own all intellectual property rights in the Website and Services, and warrant that you will not undertake any action that infringes our copyright and/or intellectual property rights.

You acknowledge that the Website and its components may contain software licensed from third parties. All rights in and to any such third-party website are reserved by and remain with the applicable third parties. You agree that such third parties may enforce their rights under these Terms against you directly in their own capacity. You must not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Website or any of our registered or unregistered trademarks.

5. User Feedback

OhDex welcomes feedback, comments and suggestions for improvements to the Services (Feedback). You may submit Feedback via the #feedback channel on the OhDex Community Discord. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, full-paid, royalty-free, sublicensable, and transferrable license under any intellectual property rights that you own or control. You acknowledge, understand, and agree that under these Terms, your Feedback permits us to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

6. User Subscriptions

There are specific features of the Services that require payment of a fee, such as OhDex’s premium accounts (Premium Account). You may purchase a subscription (Subscription) for the use of a Premium Account and its associated features.

(A) General Information

When you purchase a Subscription (being a Transaction), you expressly authorise us (or our third-party payment processor) to charge you for such Transaction. We may request additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (this information being Payment Information).

You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so that we can complete the Transaction and charge the payment method for the type of Transaction that you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction.

(B) Subscriptions

If you purchase an OhDex Subscription, you will be charged monthly, plus any applicable taxes, and other charges (Subscription Fee). If you purchase a Subscription, OhDex or our third-party payment processor will automatically charge you at the beginning of the next cycle of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge, understand and agree that your Subscription has recurring payment features and you accept the responsibility for all recurring payment obligations before cancellation of your Subscription by you or us.

Your Subscription will continue until cancelled by you or we terminate your access to the use of the Services or Subscription under these Terms.

(C) Subscription Cancellation

You may cancel a Transaction for a full refund within fourteen (14) calendar days of your initial purchase. After 14 days, your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your Subscription Fee at any time.

If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason. If we cancel your Transaction, we will refund any payment you have already remitted to OhDex for that specific Transaction. If you cancel your Subscription, the effective cancellation of any subscription features will cease at the end of the current Subscription period (the date of which is displayed in your OhDex profile, the Subscription End Date). Except as set out above with your initial Subscription purchase, you will not receive a refund of any portion of the Subscription Fee paid for the then-current Subscription period at the time of cancellation. In order to cancel, you may press the ‘Cancel Subscription’ button in your account settings.

You are responsible for all Subscription Fees (plus any other applicable taxes and other charges) that are incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the Subscription End Date and will then terminate without further charges.

7. Content on the Website

OhDex exclusively owns all rights, titles, and interest in and to the Services, including but not limited to, the text, graphics, images, music, software, audio, video, works of authorship of any kind, information related to your user experience, and information or other materials that are posted, generated, provided or otherwise made available through the Services (Content). You acknowledge that the Services and Content are protected by copyright, trade mark, and other laws of England and Wales, and other foreign countries. You agree not to remove, alter, or obscure any copyright, trade mark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services or Content.

The ownership of content that Account holders (including you) provide through or make available through the Services (User Content) is not claimed by OhDex. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. By making User Content available through the Services, you hereby grant to OhDex a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you and other users.

You are responsible for your User Content. By using the Services, you represent and warrant that you own all of your User Content or you have all necessary rights to grant us the appropriate license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made through the Services, nor any use of your User Content by OhDex on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You may remove your User Content by specifically deleting it. However, due to the nature of the internet, deleting your User Content does not mean that this content ceases to exist on the Services or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Subject to your compliance with these Terms, OhDex grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial use.

8. Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

9. Access and Account Termination

We may terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending a ticket to us on the OhDex Community Discord or via the email [email protected]. Please note that the survivability of some conditions of these Terms will apply, specifically those terms dealing with Intellectual Property Rights, OhDex's Limitation of Liability, Indemnification, Dispute Resolution and Governing Law, the User's Payment Obligations, and Ohdex's use of User Content, alongside our obligations as outlined in our Privacy Policy obligations.

10. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

11. Indemnity

You will indemnify and hold harmless OhDex and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or Content, your User Content, or your violation of these Terms.

12. Limitation of Liability

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of OhDex arising out of or in any way related to these Terms, the access to and use of the Services, Content, or any other services exceed the total amount paid by you to us. To the full extent permitted by law, we exclude all liability for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Website or the materials on the Website, even if OhDex or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

13. Governing Law

The Website may be accessed within the United Kingdom and, where permitted by technology and decided by us, outside of the United Kingdom. The law of England and Wales shall apply to these Terms and you hereby submit to the jurisdiction of the courts of England and Wales.

14. General

These Terms (and any documents executed in connection with it) are the entire agreement of the parties about its subject matter and supersede all other representations, arrangements or agreements that relate to the use of the Website or Services. A provision of or a right under these Terms may not be waived or varied except in writing signed by the person to be bound.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

15. Contact

If you have any questions regarding these Terms, you may contact OhDex via [email protected] or the OhDex Community Discord.