Terms of Use

On Demand Things(“ODT”) provides users the ability to discover and purchase unique products through our website. Those services are provided subject to the following terms and conditions.

  1. PRIVACY

 Kindly review our Privacy Notice to familiarize yourself with our privacy practices.

  1. GENERAL

This section outlines the Terms of Use (“Terms”) governing your use of www.odthings.com (the “Site”), an online platform for discovering and purchasing new and unique products. These Terms incorporate the ODT Privacy Policy, which is referred to within these Terms. We urge you to carefully read these Terms. If you do not agree with the Terms as presented here, please refrain from using the Site and its services. By registering for and using the Site, you expressly consent to be bound by these Terms, including the ODT Privacy Policy.

ODT reserves the right to modify these Terms by posting an updated version on the Site. We recommend periodically visiting this page to review the most current Terms since they are legally binding. The terms “You” and “User” in this context pertain to all individuals and/or entities accessing the Site for any purpose. The term “Post” in this context refers to information that you submit, publish, or display on the Site.

  1. ELIGIBILITY

By visiting the Site and agreeing to these Terms, you affirm to ODT that you possess the legal right, authority, and capacity to consent to and comply with these Terms. Furthermore, you confirm that you will utilize the Site in accordance with all applicable laws and regulations.

  1. LICENSE

ODT grants you a limited, non-exclusive, non-transferable license to access and make personal use of the Site, excluding the download (except for page caching) or modification of the Site or any part of it, without express written consent from ODT. This license enables users seeking unique products and gifts to purchase these products for personal use. Users are also prohibited from making any derivative use of the Site or its Content, downloading or copying any account or listing information for the benefit of any third party, or employing any “robots,” “spiders,” or similar data-gathering tools. The entirety of the Site’s content is the property of ODT, and no part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without ODT’s express written consent. Unauthorized use will result in the immediate termination of the permission or license granted by ODT and may lead to civil and criminal liability.

  1. SITE RESTRICTIONS

Users are prohibited from using the Site to transmit, post, distribute, store, or delete material, including comments and reviews (the “Content”) that (i) contravene any applicable law or regulation, (ii) infringe upon the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, or (iii) is defamatory, obscene, threatening, abusive, or hateful. Additionally, users are not allowed to violate or attempt to violate the Site’s security, which includes activities like (i) accessing data not intended for the user or logging into a server or account without proper authorization, (ii) attempting to probe, scan, or test system vulnerabilities or breach security measures without authorization, (iii) trying to interfere with service to any user, host, or network, including methods like submitting a virus, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” or (iv) altering any TCP/IP packet header or any part of the header information in an email or posting on the Site. Attempts to breach system or network security result in the immediate termination of the permission or license granted by ODT and may lead to civil and/or criminal liability.

  1. PROHIBITED USES

The listing of available products on the Site may be employed solely for lawful purposes by Site Users. You may not frame or use framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of ODT without express written consent. You may not use any meta tags or other “hidden text” incorporating ODT’s name or trademarks without ODT’s express written consent. You agree not to sell or modify any content found on the Site, including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public purpose, in connection with products or services that are not those of ODT, in any other manner likely to cause confusion among consumers, that disparages or discredits ODT or its licensors, that dilutes the strength of ODT’s or its licensor’s property, or that otherwise infringes ODT’s or its licensor’s intellectual property rights. You further agree not to misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code created by ODT to generate or display Content on the Site is also protected by ODT’s copyright, and you may not copy or adapt such code. ODT has no obligation to monitor materials posted, transmitted, or communicated to or through the Site. If you believe that any content on the Site violates these Terms, please contact our designated agent as specified below. If informed by a user of materials allegedly in violation of these Terms, ODT may, at its sole discretion, investigate the allegation and determine whether to take any actions or remove the content. ODT assumes no liability or responsibility to users for performance or non-performance of such activities.

  1. ELECTRONIC COMMUNICATION

By visiting the Site or sending emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements for written communication.

 

 

  1. COPYRIGHT

All content featured on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of ODT or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is ODT’s exclusive property, also protected by U.S. and international copyright laws. All software used on this Site is the property of ODT or its software suppliers, protected by U.S. and international copyright laws.

  1. TRADEMARKS

Odthings.com, ODT, and other ODT graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of ODT in the U.S. and/or other countries. ODT’s trademarks and trade dress may not be used in connection with any product or service that is not ODT’s, in a manner likely to cause confusion among the public, or in a manner that disparages or discredits ODT. All other trademarks not owned by ODT that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ODT.

  1. YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You also agree not to disclose any personally identifiable data, including first and last names, credentials, or other personal information obtained from the Site. Disclosure of any such personal data may lead to the immediate termination of your account. ODT reserves the right to refuse service, terminate accounts, and remove or edit content at its sole discretion. ODT does not represent or guarantee the truthfulness, accuracy, or reliability of content on the Site, including personal data. Each user is responsible for updating and revising any relevant account information as needed to maintain the accuracy and reliability of the information.

  1. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Registered users of the Site may post reviews and comments about products or services acquired through the Site, provided the content is not illegal, obscene, threatening, abusive, or defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise harmful to third parties. Content must not consist of commercial solicitation, mass mailings, or any form of spam. Users may not use another user’s account to impersonate a user or entity or otherwise mislead as to the origin of the remarks. ODT reserves the right, but is not obligated, to remove or edit such content, though it does not regularly review posted content. By posting a review or submitting comments, unless ODT indicates otherwise, you grant ODT a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant ODT and sublicensees the right to use your name in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that the use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify ODT for all claims resulting from content you supply. ODT has the right but not the obligation to monitor and edit or remove any activity or content. ODT takes no responsibility and assumes no liability for any content posted by you or any third party.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site serves as a platform for users to purchase unique products or services. Neither ODT nor the Site has control over the quality or suitability of a product for a specific purpose. ODT also cannot control the accuracy, reliability, completeness, or timeliness of user-submitted information and makes no representations or warranties regarding any information on the Site. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ODT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ODT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ODT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ODT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM ODT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ODT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL ODT’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $50.

  1. INDEMNITY

You agree to defend, indemnify, and hold harmless ODT, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any content or other material you provide to the Site, (ii) your use of any content, or (iii) your breach of the terms of these Terms. ODT shall provide notice to you promptly of any such claim, suit, or proceeding.

  1. APPLICABLE LAW

By using the Site, you agree that the US laws and regulations, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ODT.

  1. DISPUTES

Any dispute relating in any way to your visit to the Site or to services obtained through the Site shall be adjudicated in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.

 

  1. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our Privacy Policy, also posted on the Site. This policy governs your use of the Site and is incorporated by reference as part of the Terms of Use for the Site. ODT reserves the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these conditions are deemed invalid, void, or unenforceable for any reason, that condition shall be considered severable and shall not affect the validity and enforceability of any remaining conditions.”