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For any portion of the Services that require a username and/or password, you are responsible for all use of your account (under any username or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your username(s) or password(s) if any.
COPYRIGHT; LIMITED LICENSE; USER CONDUCT
The information and content on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the information and content at this Site may violate such laws. Except as specifically permitted, no portion of the Information or content on this Site may be reproduced in any form or by any means without Oddball Streetwear’s prior written permission. You may view, download and print the Information available on this Site solely for personal, informational, internal, non-‐ commercial purposes only but you may not modify, alter in any way or distribute the information or content to any other party. Oddball Streetwear reserves the right to revoke your authorization to view, download and print the Information available on this Site at any time, and any such use shall be discontinued immediately upon written notice. The rights granted to you constitute only a limited, non-‐exclusive, non-‐ sublicensable and non-transferable license and they do not constitute a transfer of title.
TERMS OF SALE
By placing an order with Oddball Streetwear, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of order confirmation does not constitute Oddball Streetwear's acceptance of an order. We retain the right to refuse any request made by you. Prior to Oddball Streetwear's acceptance of an order, verification of information may be required. Oddball Streetwear reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Oddball Streetwear, for any reason whatsoever. Oddball Streetwear reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Oddball Streetwear shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, Oddball Streetwear shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our website are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the website; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed are quoted in U.S. dollars.
Please see our website for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, product availability, and other helpful information. Oddball Streetwear reserves the right to restrict delivery to addresses within or outside of the United States.
Shipping and handling fees and applicable sales/use tax will be added by Oddball Streetwear, as necessary. The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
Oddball Streetwear monitors return to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.
DISCLAIMER AND LIMITATION OF LIABILITY
ODDBALL STREETWEAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THIS WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY ODDBALL STREETWEAR OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THIS WEBSITE OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY ODDBALL STREETWEAR ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, ODDBALL STREETWEAR MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. ODDBALL STREETWEAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS WEBPAGE OR LINKED TO FROM THIS WEBSITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ODDBALL STREETWEAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS WEBSITE OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ODDBALL STREETWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, ODDBALL STREETWEAR'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THIS WEBSITE, AND ALL OTHER USE OF THESE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ODDBALL STREETWEAR PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
LINKS TO OTHER WEBSITES
This Site may link to third-party websites that are not under the control of Oddball Streetwear. Oddball Streetwear makes no representations whatsoever about any other website to which you may have access through this Site. When you access a non‐ Oddball Streetwear website, you do so at your own risk and Oddball Streetwear is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those sites or for the quality of any products or services available on such sites. Oddball Streetwear provides such links merely as a convenience and the inclusion of the links does not imply that Oddball Streetwear endorses or accepts any responsibility for the content or uses of such websites.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to by this Site, please provide written notice thereof to Oddball Streetwear’s Copyright Agent, and include the following information in the notice:
· a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
· a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed.
· a description of the location on the Oddball Streetwear website of the material that you claim is infringing.
· information sufficient to permit Oddball Streetwear to contact you, such as your physical address, telephone number, and email address.
· a statement by you that you have a good faith belief that the use of the material identified in your written notice, in the manner in which it is used, is not authorized by the copyright owner, its agent, or the law; and
· a statement by you that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Oddball Streetwear’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
· Oddball Streetwear; 428 Denslow Avenue, Los Angeles, CA 90049
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO BY THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES DIRECTED TO IT.
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