Last Updated: October 13, 2022
1. DESCRIPTION OF SERVICE
(a) 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 www.ondemandkorea.com, www.ondemandchina.com, www.ondemandviet.com, www.ondemandlatino.com, and other websites owned or operated by (or on behalf of) ODK (collectively, "Streaming Sites"), ODK’s downloadable media player that enables users to view content (“ODK Video Player”) or ODK’s other mobile, television, or other device applications (collectively, “Apps”), and ODK TV Box or other streaming device that enables users to access ODK Content ("ODK Streaming Device”). The ODK Content and any other features, applications, materials, products, or other services offered from time to time by ODK in connection with its business on any of the Streaming Sites, Apps, or ODK Streaming Device are referred to collectively as the "ODK Services."
(c) Additional terms relating to a particular ODK Service are as follows:
2. ACCESS AND USE OF THE ODK SERVICES
(c) 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;
(5) ODK is not a producer (primary or secondary) of any sexually explicit photo and video content available on the ODK Services. 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 the ODK Services, should be sought from the producer of the specific content.
(6) By using the ODK Services, you may access ODK Content that may be deemed offensive, indecent, explicit or objectionable. The ODK Content classification serves only as a recommendation and you acknowledge that ODK does not guarantee its accuracy. If any ODK Content is identified as being restricted to users of a particular age and above, you agree that by accessing such identified ODK Content, you are of the applicable age to access the identified ODK Content.
(d) The ODK Video Player:
(1) You must not modify, enhance, or otherwise alter in any way any portion of the ODK Video Player or its underlying technology. This restriction includes disabling any encryption technology or firewalls, or otherwise modifying the ODK Video Player in a manner that enables users to view the ODK Content without using the ODK Video Player.
(2) Where ODK has incorporated an embed option in connection with ODK Content on the ODK Services, you may embed videos using the ODK Video Player, provided that you do not embed the ODK Video Player on any website or other 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. You may not embed the ODK Video Player into any hardware or software application. ODK reserves the right to prevent embedding to any website or other location that ODK finds inappropriate or objectionable (as determined by ODK in its sole discretion).
(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, access, use, 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;
(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) involves the use of data mining, robots or similar data gathering and extraction tools;
(x) interferes with any other party’s use and enjoyment of the ODK Services.
(g) Suspension/Discontinuation: ODK reserves 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.
(h) Advertisements with ODK Content: By access and use of the ODK Services, you grant ODK the right to provide advertising to you in the course of your use of the ODK Services to access ODK Content, except to the extent you have paid a fee to avoid seeing in-stream advertisements while watching certain ODK Content for a certain period.
3. PAYMENTS, PAID MEMBERSHIP, RENTAL CONTENT, BILLING, CANCELLATION, AND REFUND POLICY
(a) You may view certain ODK Content on the ODK Services for free. ODK also offers paid memberships to certain ODK Services that allow subscribers to access certain ODK Content and avoid seeing in-stream ads while watching certain ODK Content in exchange for payment of a periodic subscription fee (“Paid Membership”). Certain ODK Content is made available on a transactional rental basis, where a user may view specific ODK Content over a limited period of time in exchange for payment of a one-time fee (“Rental Content”). In all cases, you are responsible for any costs you incur to access the internet and send or receive data.
(b) Paid 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 purchases 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 paid membership period, it will automatically renew for the same duration and Paid Membership price that is offered at the time of the renewal. ODK may modify, terminate, or otherwise amend all Paid Membership plans upon thirty (30) days’ notice to you. Such notice may be provided at any time by posting the changes to the Streaming Sites or via email.
(c) Free Trials:
(2) The payment information provided during sign-up will be automatically charged the Paid Membership fee when your free trial ends. You will be notified via email 15 days prior to the trial end date. For free trials that are 15 days or less, the email you have received at the time of sign-up will include the trial end date and the Paid Membership fee amount. Please cancel your membership prior to the trial end date if you do not want to be charged the Paid Membership fee. If you would like to cancel your membership, you can do so in the "Accounts" page of our website or call our Customer Support line.
(3) When the Free Trial converts to Paid Membership through the auto-renewal, you will be notified through email (and/or other method) with an acknowledgement of the auto-renewal, cancellation policy and information regarding how to cancel.
(4) Free trial eligibility is determined at ODK's sole discretion and we may choose to limit the eligibility or its duration in order to prevent free trial abuse. We reserve the right to revoke the free trial at any time and may use information such as your email address or payment method in order to determine the free trial eligibility. For combinations with other offers, restrictions may apply.
(1) You may cancel the Paid Membership by logging into your Account page on the applicable Site. First log on to your account and click on "Account" button located on top right corner of the webpage. In the middle of the page, locate "Order History" section and click on "Cancel Membership". Follow through the instructions to your membership cancellation. Upon completion, you will be notified through the email address that is saved on your account confirming your cancellation request.
(2) You may also cancel the Paid Membership by clicking on "Contact Us" that is located on the bottom of the page of all Streaming Sites. You will be directed to the Email Inquiry page where you can request for Paid Membership cancellation in writing. Please allow 2 to 3 business days for ODK's Customer Service to respond to your request.
(e) You may make payments using methods accepted by ODK as updated from time to time, which may include payment through your account with a third-party (“Payment Method”). Your chosen Payment Method may automatically connect you to a third-party payment processing portal hosted by a third-party payment processor. You expressly authorize ODK to charge your Payment Method for the full amount of any Paid Membership, Rental Content, or other fee charged for your use of the ODK Services. You acknowledge that some Payment Methods may charge fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
(f) Your membership to each of the ODK Services is solely for your personal enjoyment and not to be shared with anyone else. For Paid Membership users, ODK will allow simultaneous login of the same account on up to 2 different devices.
(h) 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.
(i) ODK reserves the right to terminate your account and/or use of the ODK Services for account sharing, resale, abuse, violations, or any other or no reason.
(j) 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 with the ODK Services. 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 the ODK Services. 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 firstname.lastname@example.org (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.
(c) ODK prohibits the use of Paid Membership accounts to be distributed to anyone outside the user's primary household. This includes but is not limited to sharing the Paid Membership user account's login information with people outside of the user's primary household. ODK reserves the right to suspend and/or terminate any Paid Membership account that has been used pursuant to such prohibited distribution.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING
(b) Advertisements: ODK is not responsible for advertisements or any third party material posted on the ODK Services, nor is it responsible for the products or services provided by such advertisers.
ODK Services marks, graphics, logos, scripts, and sounds are trademarks and property of ODK, including but not limited to the following:
(a) “ODK”, the ODK logo, and www.ondemandkorea.com;
(b) “ODC”, the ODC logo, and www.ondemandchina.com;
(c) “OnDemandViet”, the OnDemandViet logo, and www.ondemandviet.com; and
(d) “ODL”, the ODL logo, and www.ondemandlatino.com.
None of the ODK trademarks may be copied, downloaded or otherwise exploited without ODK’s prior written consent.
8. UNSOLICITED SUBMISSIONS
ODK does not knowingly 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
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any ODK Content infringes your copyright, you should notify ODK in accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to ODK’s Copyright Agent at email@example.com (subject line: “DMCA Takedown Request”) or mailed to ODK at 221 N Harbor Blvd Suite E Fullerton, CA 92832, Attention: DMCA Copyright Agent. 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 firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered. ODK has a policy of terminating infringers in appropriate circumstances.
If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to applicable law to make such content available to ODK for use on the ODK Services, you may send a counter-notice containing the following information to our designated agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and (d) your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our designated agent, ODK may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ODK’s sole discretion.
11. CUSTOMER SUPPORT.
For assistance with technical issues or customer support inquiries, please send an email to email@example.com.
12. GOVERNING LAW; JURISDICTION AND VENUE.
13. DISPUTES/ARBITRATION; CLASS ACTION WAIVER.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the ODK Services shall not be subject to arbitration.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
If you can demonstrate that arbitration in California would create an undue burden to you, you may initiate the arbitration in the state in which you reside. Otherwise, the arbitration hearings will be held in Orange County, California.
If you initiate the arbitration, ODK will reimburse you for your filing fee, unless your claim is for more than $10,000 or the arbitrator determines your claims are frivolous, in which event you are responsible for paying the filing fee.
You may choose to pursue your claim in a small claims court where jurisdiction and venue over ODK and you otherwise qualify for such a small claims court and where your claim does not include a request for any type of equitable relief.
If you elect to seek arbitration or file a small claim court action, you must first send to ODK, by certified mail, a written Notice of your claim ("Notice"). The Notice to ODK must be addressed to: Young Joon Cha, ODK Media, Inc., 221 N. Harbor Blvd., Suite E, Fullerton, CA 92832, USA ("Notice Address"). If ODK initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by ODK, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If ODK and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ODK may commence an arbitration proceeding or file a claim in small claims court.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, ODK and you agree to waive, to the fullest extent allowed by law, any trial by jury.
YOU AND ODK AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE ODK SERVICES, SHALL BE CONDUCTED IN EACH OF YOUR AND ODK’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND ODK EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
14. GENERAL INFORMATION
(a) International Use: The content that we make available on the ODK Services is 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) Feedback: Any feedback that you provide to ODK relating to your use of the ODK Services or with respect to ODK Content, including comments, suggestions, or identification of potential errors, improvements or modifications (collectively, “Feedback”) will be considered ODK’s intellectual property and owned solely by ODK.
(c) 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.
(h) 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.
General Audiences, Kids OK
Appropriate for Little Kids, Older Kids, and Teens
The content may be inappropriate for children under 13
Restricted - under 17 requires accompanying parent or adult guardian
Unrated or Not Rated - The content has not been officially reviewed by ODK or