Terms of Use

Last Updated: May 16, 2024

INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Use specify the terms and conditions for access to and use of the ODK Services (as defined below), which are offered by ODK Media, Inc. and its affiliates (collectively, "ODK"). By using the ODK Services, you agree to be bound by and comply with these Terms of Use and the ODK Privacy Policy located at https://www.odkmedia.net/privacy-policy. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, then you do not have the right to access or use the ODK Services.

CLASS ACTION WAIVER AND BINDING ARBITRATION NOTICE: BY AGREEING TO THESE TERMS OF USE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AND AGREE TO SUBMIT TO BINDING ARBITRATION, AS FURTHER DETAILED IN SECTION 13 BELOW.

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, amasian.tv, 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."

(b) ODK reserves the right to change these Terms of Use in ODK's 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 Streaming Sites or on the "Terms of Use" page of the Apps. The most current version of the Terms of Use will supersede all previous versions.

(1) ODK TV Box Terms of Use - the specific terms and conditions for use of ODK’s TV streaming device ODK TV Box (website located at www.kooli.tv); and

(2) ODK Shop Terms of Use - the specific terms and conditions for access to and use of ODK’s e-commerce destination for products and services related to OnDemandKorea located at www.odkshop.com (“ODK Shop”).

2. ACCESS AND USE OF THE ODK SERVICES

(a) Eligibility. You must be 18 years of age or older to subscribe to the Paid Membership (as defined below) aspect of the ODK Services and to rent Rental Content (as defined below) on the ODK Services. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to subscribe to the Paid Membership and rent Rental Content. While individuals under the age of 18 may utilize the ODK Services, 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 Use, and in no event may any person under the age of 18 view any adult film or television content. The ODK Services are not directed to children under the age of 13. The ODK Services are not offered to any persons barred from receiving them under the laws of the United States or any other applicable jurisdictions in which ODK makes the ODK Services available, and such persons are prohibited by these Terms of Use from using the ODK Services.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING ODK SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE NOT BEEN PROHIBITED FROM RECEIVING THE ODK SERVICES, AND, IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER OF THE ODK SERVICES BETWEEN AGE 13 AND 18, YOU AGREE TO MONITOR SUCH MINOR'S USE OF THE ODK SERVICES AND ENSURE THEIR COMPLIANCE WITH THESE TERMS OF USE.

(b) License Grant: Subject to your compliance with these Terms of Use, including payment of any applicable fees for fee-based services, ODK hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the ODK Services in accordance with the terms and conditions set forth in these Terms of Use. 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. You may access the ODK Services only if you are located in the United States, Canada, Mexico, South America or any other territory in which ODK has made the ODK Services available. The content that may be available to watch will vary by geographic location and will change from time to time.

(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/or its licensors. Except as expressly permitted by these Terms of Use, 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 these Terms of Use, 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.

(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).

(e) Subscription & Usage Terms:

(1) Membership Tier and Other Offerings. When purchasing your subscription(s) to the ODK Services, you may be presented with different plans or options (each a “Membership Tier”). Different Membership Tiers or other offerings may be subject to differences in pricing, eligibility, restrictions, features, and device availability.

(2) Streaming Content. The Content can be streamed through the ODK Services over an active Internet connection. The number of concurrent streams available for use may be subject to limitations by Membership Tier, and such limitations may change from time to time at our discretion. Please visit our Help Center for more information on the number of concurrent streams permitted based on your Membership Tier.

(f) Restrictions:

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;

(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) 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) Additional Terms: 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 of Use.

(h) 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.

(i) 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. Advertising may sometimes appear near, between, over, or in your 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.

(j) Consent to Electronic Communication and Service: By access and use of the ODK Services, you consent to receive certain communications from ODK including via electronic mail or other forms of electronic communication. These communications may include notices about your account and information concerning or related to the ODK Services. ODK may also send you marketing communications in accordance with ODK’s Privacy Policy. You agree that any notice, agreements, disclosure or other communications relating to your account, the ODK Services or any part thereof (including any legal service of process or similar document related to any claim arising from your use or misuse of the ODK Services) that ODK sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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.

(1) Your paid membership may start with a free trial. The duration of the free trial period of your membership will be indicated during sign-up and is intended to allow only the new members to try our PREMIUM service before making a transaction. You will be required to input your payment information at time of sign-up but be assured, you will not be charged for the Paid Membership until your free trial ends. Prior to engaging in a Free Trial service, you will be able to review the Terms of Use which outlines information regarding the auto-renewal, cancellation policy and information regarding how to cancel.

(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.

(d) Cancellation:

(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.

ODK DOES NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT OR DEBIT CARD INFORMATION EXCEPT TO THE LIMITED EXTENT PROVIDED IN ODK's PRIVACY POLICY. PLEASE ALSO READ THE PRIVACY POLICY ON THE PAYMENT PROCESSOR'S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT OR DEBIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT OR DEBIT CARD INFORMATION.

(f) 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. Please note that, for Rental Content, you cannot cancel a rental transaction after clicking “Order” on the ODK Services. ODK reserves the right, with or without prior notice, for any or no reason, to change service or content descriptions, images, and references; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and to bar any user from conducting any or all transaction(s). Further, if ODK terminates your use of or registration to the ODK Services because you have breached these Terms of Use, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration or rental fees or other amounts paid by you with respect to any Rental Content.

(g) 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.

(h) 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.

(i) 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 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.

(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

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 https://www.odkmedia.net/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your use of the ODK Services are governed by the ODK Privacy Policy in effect at the time of your use.

6. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING

(a) Third Party Websites: The appearance, availability, or your use of (1) URLs or hyperlinks referenced or included anywhere in connection with the ODK Services or any other form of link or re-direction of your connection to, with or through the ODK Services, or (2) any third party websites, content, data, information, applications, platforms, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of ODK or its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, partners or service providers. ODK does not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), regardless of whether the ODK Services’ or ODK’s logos, marks, names and/or sponsorship or other identification is on the Third Party Services. ODK has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall ODK assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, you are encouraged to be aware when you leave the ODK Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

(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.

7. TRADEMARKS

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;

(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

YOU AGREE THAT USE OF THE ODK SERVICES IS AT YOUR OWN RISK. THE ODK SERVICES, INCLUDING THE STREAMING SITES, THE APPS, THE ODK STREAMING DEVICE, THE ODK CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE ODK SERVICES, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” 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, OF MERCHANTABILITY, OF NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ODK SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ODK OR THROUGH THE ODK SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IN NO EVENT SHALL ODK OR ITS AFFILIATES, OR 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 ODK SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE ODK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE ODK PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

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 OF USE AND YOUR USE OR MISUSE OF THE ODK SERVICES. ODK MAY, AT YOUR EXPENSE, NEED TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY THE ODK PARTIES, AND YOU AGREE TO COOPERATE WITH ODK’S DEFENSE OF THESE CLAIMS. ODK WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

YOU ACKNOWLEDGE AND AGREE THAT ODK HAS MADE AVAILABLE AND OFFERED THE ODK SERVICES, SET PRICES, AND ENTERED INTO THE TERMS OF USE IN RELIANCE UPON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY, THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ODK, AND THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ODK. ODK WOULD NOT BE ABLE TO PROVIDE THE ODK SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

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 dmca@odkmedia.net (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 dmca@odkmedia.net 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 help@ondemandkorea.com.

12. GOVERNING LAW; JURISDICTION AND VENUE.

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California, United States of America without giving effect to principles of conflicts of law.

All disputes arising out of these Terms of Use will be subject to the exclusive jurisdiction and venue of the state court located in Orange County, California or the federal courts located in the Central District of California, and each party hereby consents to the personal jurisdiction thereof.

13. DISPUTES/ARBITRATION; CLASS ACTION WAIVER.

Any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the ODK Services shall be resolved by binding arbitration or, in certain situations as further described below, in small claims court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Section 13 shall be interpreted as limiting any non-waivable statutory rights that you may have. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ODK are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and the termination of your ODK membership.

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.

The arbitration shall be conducted by three (3) arbitrators, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and administered by the AAA. Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. The AAA Rules and fee information are available at www.adr.org.

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.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following mailing address by certified U.S. Mail to 221 N. Harbor Blvd., Suite E, Fullerton, California 92832, USA. The notice must be sent within the later of 30 days of your first use of the ODK Services or within 30 days of changes to this section being announced on the ODK Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, ODK also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the ODK Services will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.

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.

(d) No Waiver/Reliance: No decision by ODK to delay or forego exercising in any respect any right provided for in these Terms of Use shall be deemed a waiver of the subject right or any further right under these Terms of Use with respect to any party. Even if ODK’s actions appear to you to be inconsistent with these Terms of Use in failing to enforce any provision of these Terms of Use, ODK’s actions shall not be deemed a waiver or constructive amendment of such provision nor of the right to enforce such provision.

(e) Integration, Amendment, and Severability: Please note that these 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 of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. ODK may change these Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Streaming Sites. Any visit to the Streaming Sites or use of the ODK Services by you after the new Terms of Use 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) Assignment: ODK may transfer or assign these Terms of Use, and any permissions granted hereunder, without restriction. Your rights granted under these Terms of Use are not transferable and no other person has any right to enforce these Terms of Use on your behalf.

(g) 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.

(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.