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Terms of Use

Welcome to ODKSHOP. (“ODKSHOP”). These Terms of Use (“Terms”) set forth the terms and conditions under which individuals may use our website, www.ODKSHOP.com, and all associated sites linked www.ODKSHOP.com by ODKSHOP, its subsidiaries and affiliates, in operation in the United States and Republic of Korea (collectively, the “Site”), which are owned and operated by ODKSHOP.

 

Please read these Terms before using the above Site. By using the Site, you hereby represent, warrant, and understand that you are a user of the Site, and agree to and accept these Terms in their entirety, whether or not you register as a purchaser on the Site.

 

These Terms include ODKSHOP’s Privacy Policy, which is hereby incorporated by reference. If you object to anything in these Terms or the Privacy Policy, do not access or use the Site.

 

  1. Acceptance of Terms

 

By accessing or using the Site, you agree to be legally bound by these Terms and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on the Site. If you do not agree to these Terms, you should NOT access or use the Site.

 

  1. Modification of Terms

 

ODKSHOP reserves the right in its sole discretion to change, modify, add, or remove all or any portion of these Terms, ODKSHOP’s Privacy Policy, or the Site itself, at any time. ODKSHOP shall notify users of any significant changes in these Terms by placing a prominent notice on the Site, at which time such changes will take immediate effect. It is your responsibility to periodically check these Terms for changes. Your continued access to or use of the Site following the posting of changes shall constitute your acceptance and agreement to such changes. If at any time you do not agree with the changes or any portion of the revised Terms, do not continue to access or use the Site.

 

  1. Additional Product Purchase Terms and Conditions

 

Purchases of any ODKSHOP products on the Site are subject to additional terms and conditions which can be found at [LINK], which such terms and conditions are made a part of these Terms by this reference. If there is a conflict between these Terms and the terms and conditions pertaining to the purchase of ODKSHOP products, the latter terms shall control with respect to your purchase of ODKSHOP products. By making a purchase on the Site, you agree to the additional terms and conditions applicable to the purchase of ODKSHOP products, these Terms, and ODKSHOP’s Privacy Policy.

 

  1. Additional Product Purchase Terms and Conditions

 

Access to certain areas of the Site and use of certain functions or features of the Site may require you to register with a user account. For information relating to ODKSHOP’s collection of your personal information in connection with your registration as a user, please see our Privacy Policy. You may change or discontinue your account with us at any time. ODKSHOP reserves the right to modify, suspend, or terminate access to the Site at any time and for any reason without notice, including the right to require you to change your login identification code or password, unless otherwise provided herein.

 

  1. Restrictions on Use

 

You agree to be bound by certain rules that are important for the proper use of the Site.

Your failure to follow these rules, whether listed below or contained on the Site, may result in termination of your user account.

  • You will comply with these Terms, ODKSHOP’s Privacy Policy, and all applicable laws and regulations at all times during your access to and use of the Site ;

 

  • You will not provide any false information during the user registration process, if applicable ;

 

  • You will manage your personal information at all times, and you will not share any personal information or passwords with anyone other than yourself ;

 

  • You will immediately notify ODKSHOP in the event you suspect any actual or potential threat of identity theft or other security breach ;

 

  • You will not duplicate, distribute, or commercially use any content owned by ODKSHOP without prior approval, or otherwise infringe upon the proprietary rights to ODKSHOP or other users ;

 

  • You will not attempt to gain unauthorized access to any portion or feature of the Site by any illegitimate or unlawful meanst ;

 

  • You will not attempt to breach any security or authentication measures on the Site ; and

 

  • You will not use the Site for any unlawful purpose.

 

  1. Privacy Policy

 

ODKSHOP respects your privacy. Personal information provided by you or collected through or in connection with the Site shall only be used in accordance with ODKSHOP’s Privacy Policy, which can be viewed at [LINK] and is hereby incorporated by reference.

 

  1. Disclaimers of Warranty

 

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is" and "as available."


ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ODKSHOP DOES NOT :

  1. WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION OR THESE MATERIALS ;
  2. ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ODKSHOP ;
  3. WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED ; OR
  4. GIVE ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.


ODKSHOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ODKSHOP EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, ODKSHOP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF THE SITE TO PROVIDE THE PRODUCTS.

You assume all risks when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses. Your sole remedy against ODKSHOP for any dissatisfaction with any portion of the Site is to stop using the Site.

 

  1. Limitation of Liability


IN NO EVENT SHALL ODKSHOP OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, THE CONTENT THEREIN, OR THE USER CONTENT, EVEN IF ODKSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL ODKSHOP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE EXCEED THE AMOUNT OF $25.00.

  1. Third Party Content

 

The Site may include hyperlinks to other websites owned by third parties. ODKSHOP is in no way responsible for the content contained in any site owned by a third party that may be linked to the Site via hyperlink, and all such content remains subject to the terms and conditions of the respective third party’s website and/or materials. Any link on the Site does not constitute an endorsement of such other site by ODKSHOP, and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.

 

  1. Copyrights and Trademarks

 

All copyrights, trademarks, and all other proprietary rights provided by ODKSHOP, its affiliates, subsidiaries, brand licensees and/or other partners, including, but not limited to, all text, graphics, photographs, logos, designs, user interfaces, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of such content on the Site, are owned, controlled, or licensed by or to ODKSHOP and/or its brand licensees, other partners or licensors. All rights in the content not expressly granted herein are reserved. The content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws and may not be copied, reproduced, republished, transmitted, distributed, or used on any other website.

 

  • ODKSHOP® is a trademark of ODKSHOP, Inc.
  • Rights to use ODKSHOP® and all other trademarks of ODKSHOP and its affiliates are important assets of ODKSHOP.

 

The use and registration of the ODKSHOP name is exclusively reserved to ODKSHOP. You may not register, nor use a company name, statutory name, trade name, domain name or other name, indication or description of which the ODKSHOP name or any name similar thereto or any name which consists of a part of the ODKSHOP name forms part nor shall it include any other registered trademark owned by ODKSHOP.

If you know or suspect that any of the materials on the Site, including, but not limited to, materials posted on the Forum, have been used or copied in a manner that may or does give rise to a claim of copyright or trademark infringement, please notify us immediately at webmaster@ODKSHOP.com

 

  1. Indemnity

 

You agree to indemnify and hold harmless ODKSHOP, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns, from and against any claims, causes of action, damages, liabilities, costs or expenses (including reasonable attorneys' and professionals' fees and litigation costs) that are caused by, arise out of, or are connected with your use of the Site or any violation of these Terms by you. In the event of any complaint or legal action arising from your use of the Site, ODKSHOP reserves the right to reveal your identity and any other information ODKSHOP may have about you.

 

  1. Termination of User

 

ODKSHOP reserves the right in its sole discretion to terminate your access to all or any part of the Site at any time for any reason without notice. We also reserve the right to delete your account and any content or data associated with your account and/or other information you have on our system.

 

If you have registered a user account on the Site, you may terminate your account at any time for any reason by deleting the account. Upon termination, any content or data associated with your account and/or other information you have on our system will be deleted.

 

  1. Shut-Down of Site

 

ODKSHOP reserves the right in its sole discretion to shut down the Site or any part thereof for any reason at any time without notice or consent. We shall have no responsibility or liability for any failure to store or delete any content or user content submitted to the Site.

 

  1. Choice of Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the courts in ODKSHOP business address with respect to any disputes, claims or causes of action arising out of, relating to, or in connection with these Terms or your use of the Site, including any disputes relating to the existence or validity of these Terms.

 

  1. Severability

 

If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

 

  1. No Waiver

 

No failure on the part of ODKSHOP to enforce any part of these Terms shall constitute a waiver of any of ODKSHOP’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by ODKSHOP nor the reliance of any person on ODKSHOP’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of ODKSHOP shall have any legal effect whatsoever.

 

  1. Headings

 

The headings of the sections of the Terms herein are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms.

 

  1. Entire Agreement

 

These Terms constitute the entire agreement between you and ODKSHOP regarding your use of the Site, and supersede and replace any prior or contemporaneous agreements or understandings regarding your use of the Site, whether written or oral.

 

  1. Acknowledgement

 

By accessing and using the Site, you acknowledge and agree to be legally bound by these Terms of Use and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on our website.