OnDemandKorea

Terms of Use

Last Updated: July 31, 2017

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

a. It is important for YOU (“subscriber”) to follow the terms and conditions described in this ODK Media, Inc. (“ODK”) Terms of Use and the related ODK Privacy Policy. By using, visiting, or registering with this site, then each time YOU use any of the ODK Services on any of the Sites, YOU are bound by and have accepted all of the following ODK terms.
b. ODK provides an online video service comprised of television shows, video clips, text, graphics, logos, photographs, audio works, video works, artwork, and other content (collectively, "ODK Content") available on the www.ondemandkorea.com website ("ODK"). Our video service, including the ODK Content and the ODK video player, and any other features, applications, materials or other services offered from time to time by ODK in connection with its business on any of the Sites are referred to collectively as the "ODK Services."
c. ODK is not a producer (primary or secondary) of any and all of the sexually explicit photo and video content found on this website. With respect to such content, ODK believes that all visual depictions of such content do not include any person under the age of 18 years of age when such depiction was created. All records, if required, as per 18 USC 2257, for any and all content found on this site, should be sought from the producer of the specific content.”
d. ODK reserves the right, from time to time to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the ODK Website. The most current version of the Terms of Use will supersede all previous versions.

2. ACCESS AND USE OF THE ONDEMANDKOREA SERVICES

You must be 18 years of age or older to subscribe to the ODK Service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms of Service, and in no event may any person under the age of 18 view any adult film or television content. This site is not directed to children under the age of 13. Services are not available to any persons barred from receiving them under the laws of the United States or any other applicable jurisdictions that ODK services.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING ODK SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PROHIBITED FROM RECEIVING THE SERVICES.

a. License Grant : ODK hereby grants YOU a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the ODK Services. ODK owns and retains all rights to the ODK Services. The ODK Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. There are geographic limitations on available content to any subscriber and such content will vary country by country from time to time. Presently:
 1. All ODK Services are available to subscribers in the USA and Canada;
 2. Subscribers in Mexico and South America will have access to content from only certain broadcasting stations and not all content will be available.

b. The ODK Content
1. YOU may view the ODK Content only for YOUR own personal, non-commercial use;
2. YOU must not alter or remove any copyright and any other markings, titles, legends or proprietary notices in existence on the ODK Content;
 3. The ODK Content provided to users as part of the ODK Services is owned by ODK and its licensors. Except as expressly permitted by ODK on this site, any other reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, download, stream, performance, display, sale, or transmission of the ODK Content is strictly prohibited.
 4. Except as expressly permitted by ODK on this site, YOU are strictly prohibited from creating derivative works, or electronic, or physical materials that are derived in whole or in part from the ODK Content, including montages, mash-ups, videos, samplings, wallpaper, desktop themes, greeting cards, and merchandise.

c. The Video Player : 

1. With respect to ODK's video player, YOU must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling any encryption technology or firewalls, or otherwise modifying the video service in a manner that enables users to view the ODK Content without using the ODK video player.

 2. YOU may not embed ODK's video player on any location that contains content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise offensive (collectively, "Unsuitable Material").

d. Other Obligations : 

1. YOU agree not to directly or indirectly use the ODK Services in any manner that:
i. violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or contract;
 ii. uses technology or other means to access the ODK Services that is not authorized by ODK (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the ODK Services);
 iii. accesses the ODK Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the ODK Services);
 iv. attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
 v. attempts to damage, disable, overburden, impair, or gain unauthorized access to the ODK servers, computer network, or user accounts;
 vi. attempts to collect personally identifiable information in violation of ODK's Privacy Policy;
 vii. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
 viii. harvests information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; ix. interferes with any other party's use and enjoyment of the ODK Services.

e. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ODK PARTIES (AS DEFINED BELOW) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF YOUR OBLIGATIONS SET FORTH ABOVE. 

f. Downloads: In order to participate in certain ODK Services, YOU may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

g. Suspension/Discontinuation: ODK reserve the right in our sole and absolute discretion to change, suspend or discontinue - temporarily or permanently - some or all of the ODK Services, at any time without notice. ODK will not be liable to YOU for any such modification, suspension or discontinuance of the ODK Services.



3. PAYMENTS, PREMIUM MEMBERSHIP, BILLING, AND REFUND POLICY

a. Access to ODK and use of the non-Premium Membership portion of ODK Services is free. ODK's Premium Membership is an optional service that YOU do not have to use if YOU are not interested in paying for it. YOU are also responsible for any costs YOU incur to access the internet.

b. Premium Memberships are billed in advance of each membership period. There may be additional charges due to variations in state and local sales tax rates throughout different jurisdictions and purchased made through iTunes and Google Play, etc. Some jurisdictions charge sales tax, some do not. If YOU do not change or cancel before the end of YOUR premium membership period, it will automatically renew for the same duration and price. ODK may modify, terminate, or otherwise amend all Premium Membership plans upon thirty (30) days’ notice to YOU. Such notice may be provided at any time by posting the changes to ODK or via email.

c. Premium Memberships are solely for YOUR personal enjoyment and not to be shared with anyone else. ODK will not allow simultaneous login of the same account from more than one browser or computer.

d. ODK will not issue refunds or credits for periods of inactivity within an open account, service outages, or partially used periods. At any time, and for any reason, ODK may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.

e. ODK will not be liable to YOU or to any third party for any modifications, price changes, or suspension or discontinuation of the ODK Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and YOU are responsible for payment of all such taxes, levies, or duties. All credit card and payment information YOU provide are hosted by PayPal and ODK are not liable for any billing discrepancy or damage incurred by YOUR use of PayPal.

f. ODK reserves the right to terminate YOUR account for excessive usage, undue burden on ODK network or servers, account sharing, resale, abuse, violations, or any other or no reason.

g. If YOU have any questions about billing, please contact us at: ODK Media, Inc. 221 N. Harbor Blvd. Suite E., Fullerton, CA 92832 (714) 525-5520.

4. ACCOUNTS AND REGISTRATION

a. ODK may from time to time offer various features that require registration or the creation of an account on ODK. If at any time YOU choose to register or create an account with us, these additional terms and conditions also will apply.

b. All registration information YOU submit must be accurate and updated. Please keep YOUR password confidential. YOU will not have to reveal it to any representative of any Site. YOU are responsible for all use on YOUR account, including unauthorized use by any third party. Therefore, it is critical that YOU do not share YOUR password with anyone. Please notify us at help@ondemandkorea.com (subject line: "Account Security Breach") as soon as YOU know of, or suspect any unauthorized use of, YOUR account. Please also make sure to notify us if YOUR registration information changes, in case ODK needs to contact YOU.

5. COLLECTION AND USE OF PERSONAL INFORMATION

For information about ODK's policies and practices regarding the collection and use of YOUR personally identifiable information, please read ODK's Privacy Policy located at http://www.ondemandkorea.com/privacy-policy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, YOU agree that YOUR presence on the ODK Site and use of the ODK Services on any of the Sites are governed by the ODK Privacy Policy in effect at the time of YOUR use.

6. LINKED WEBSITES AND ADVERTISING

a. Third Party Websites: If ODK provide links or pointers to other websites, no inference or assumption should be made that ODK operates, controls, or is otherwise connected with these sites. When YOU click on a link within the ODK Services, ODK will not warn YOU that YOU have left a Site and are subject to the terms and conditions (including privacy policies) of the destination as YOU are fully responsible for reviewing the terms of use and privacy policy of any website before YOU provide any confidential information or engage in any transactions. YOU should not rely on ODK’s Terms for another Website.
b. YOU acknowledge and agree that ODK is not responsible for the content or practices of any other site, even if it links to the ODK Site or any of the other Sites and even if the other site is operated by a company affiliated or otherwise connected with ODK. By using the ODK Services, YOU acknowledge and agree that ODK is not responsible or liable to YOU for any content or other materials hosted and served from any third party site.
c. Advertisements: ODK takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.

7. TRADEMARKS

ODK, the ODK logo, www.ondemandKorea.com, and other ODK marks, graphics, logos, scripts, and sounds are trademarks of ODK Media Inc. None of the ODK trademarks may be copied, downloaded or otherwise exploited without ODK's prior written consent.

8. UNSOLICITED SUBMISSIONS

OnDemandKorea does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. OnDemandKorea's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any OnDemandKorea creative work, including a filmODK does not accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. ODK's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ODK creative work, including a film, series, story, title, or concept, would be purely coincidental., series, story, title, or concept, would be purely coincidental.

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

YOU AGREE THAT USE OF THE ODK SERVICES IS AT YOUR OWN RISK. THE ODK SERVICES, INCLUDING THE ODK SITE AND THE OTHER SITES, THE ODK CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ODK DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE ODK SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. IN NO EVENT SHALL ODK OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "ODK PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ODK SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE ODK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ODK PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE ODK SERVICES.

10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If YOU believe that any ODK Content, User Material or other material provided through the ODK Services, including through a link, infringes YOUR copyright, YOU should notify ODK of YOUR infringement claim in accordance with the procedure set forth below. ODK will process each notice of alleged infringement which ODK receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to ODK's Copyright Agent at admin@ondemandkorea.com (subject line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that YOU claim has been infringed; (c) a description of where the material that YOU claim is infringing is located on the ODK Services that is reasonably sufficient to enable ODK to identify and locate the material; (d) how ODK can contact YOU, such as YOUR address, telephone number, and email address; (e) a written statement by YOU that YOU have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by YOU, made under penalty of perjury, that the above information in YOUR notice is accurate and that YOU are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to dmca@ODK.com for purposes other than communication about copyright infringement may not be answered. ODK has a policy of terminating infringers in appropriate circumstances.

11. GENERAL INFORMATION

a. International Use: ODK's goal is to bring YOU as much ODK Content as is legally available. That said, ODK are limited by the rights that our content licensors grant to us. Using technologies to access the ODK Content from territories where ODK does not have rights is prohibited.
b. Export Controls: Software and the transmission of applicable technical data, if any, in connection with the ODK Services are subject to export controls. YOU agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which YOU reside.
c. Choice of Law: This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. YOU agree to submit to the exclusive personal jurisdiction of the courts located in Santa Ana, California.
d. No Waiver/Reliance: The waiver or failure of us to exercise in any respect any right provided for in these Terms of Use shall not be deemed a waiver of the subject right or any further right under these terms of Use.
e. Integration, Amendment, and Severability: Please note that this Terms of Use constitutes the entire legal agreement between YOU and ODK and governs YOUR use of the ODK Services (but excluding any services, if any, that ODK may provide to YOU under a separate written agreement), and completely replaces any prior agreements. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. ODK may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the ODK Site at http://www.ondemandkorea.com/terms.html. Any visit to the ODK Site or use of the ODK Services on any of the Sites by YOU after the new Terms are posted will indicate YOUR agreement to such change. Therefore, it is important YOU read these Terms regularly to ensure YOU are familiar with the most updated terms.
f. Survival: All rights and obligations of the parties that by their nature are intended to survive the termination of these Terms of Use or YOUR use of the ODK Services shall survive such termination.
g. Content Ratings: ODK gathers maturity ratings based on country and region. The ratings are set by a standards organization that determines whether or not the material is appropriate for children. If a TV show, movie, or other piece of content has not been rated by a known standards organization, ODK will use its reasonable judgment to determine whether or not the material is appropriate, and assign a "G”, “PG”, “PG-13”, “R”, or “NR” rating.

RatedDescription
GGeneral Audiences, KidsOK
PGAppropriate for Little Kids, Older Kids, and Teens
PG-13The content may be inappropriate for children under 13
RRestricted - under 17 requires accompanying parent or adult guardian
NRUnrated or Not Rated - The content has not been officially reviewed by ODK or a standards organization.


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