Welcome to Oddtees.xyz (the "Website"). The Website is operated by Oddtees XYZ (“Oddtees”, “our”, “we”, or “us”), a limited company registered in the United State. Listed on this page are the terms and conditions which apply to your interactions with us, as well as your purchase of the services and products listed on the Website ('Services' or 'Products'), so please read them carefully before proceeding (and print if necessary for future reference). By using the Website or placing an order you are agreeing to be bound by the terms and conditions. When we say 'terms and conditions' that includes all documents referred to on this page (such as our Privacy Policy, Acceptable Use Policy and Cookies Policy) and any others referred to in them. Where these terms and conditions (or any part of them) have been translated into languages other than English, the English language version takes priority. Last updated: December 12, 2019. These terms and conditions may be modified from time to time but, should this happen, they will be posted on the Website. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions won't apply retrospectively unless you agree to it. If you don't wish to be bound by these terms and conditions then you must not use the Website or buy any Products from it.

WEBSITE CONTENT

Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we cannot warrant that the content is complete and accurate. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or material posted by a third party (e.g. testimonials and comments). We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.

PERSONAL INFORMATION ABOUT YOU AND YOUR ACCOUNT ON OUR WEBSITE

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to this processing and warrant that all data provided by you is accurate. All material which you contribute to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts, and images ('Contribution'), is subject to our Acceptable Use Policy as part of these terms and conditions. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content. You agree to accept responsibility for all activities that occur under your account or password. We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these terms and conditions or for security and maintenance reasons.

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Contracts for the sale of Products formed through the Website, or as a result of your visits to the Website, are governed by these terms and conditions. All such contracts are binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose (“Transfer”) of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract. We will contact you to let you know if we plan to do this and if your rights are adversely affected, seek your consent or give you the right to end your Contract with us. You may only Transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing. The terms and conditions on the Website are subject to change and any contract for the sale of Products will be formed under the terms and conditions in use at the time the contract is made.

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

COMPLIANCE WITH LAWS

If you are visiting the Website, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorized to view or use the Website and you must exit immediately. If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that you must satisfy yourself that you are lawfully able to access and/or purchase our Products. You represent and warrant that you are an individual of legal age to form a binding contract (or, if not of legal age, you've received your parent or guardian permission to user the Services and gottent your parent or guardian to agree to these Terms on your behalf).

HOW WE WILL COMMUNICATE WITH YOU

You may be required to sign up for an account using your personal email and creating a password. You promise to provide us with accurate, complete, and updated registration information about yourself so we can communicate effectively with you. Your account cannot be assigned or transferred to another person without our prior written permission. Unless we inform you otherwise, all notices you give to us must be sent to us or through established digital contact methods. We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter. When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website, you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

WILL OUR SERVICES EVER CHANGE?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

ACCEPTABLE USE POLICY

We want everyone who uses the Website to have a positive and safe online experience – in this section we set out the terms under which you may access the Website and use the services and resources we provide on it. You must comply with the spirit of these terms as well as the letter. You represent, warrant and agree that you will not contribute any Content or User Generated Submission, or use the Services in a manner that:

1) Violates any law or regulation, including, without limitation, any applicable export control laws;

2) Infringes or violates the intellectual property rights or any other rights of anyone else, including Oddtees;

3) Jeapardizes the security of your Oddtees account, other Oddtees users, or the Oddtees website or Services;

4) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

5) Violates the security or integrity of any computer network inside or outside of Oddtees Services;

6) Seeks to procure, transmit, or promote any unsolicited and unauthorized advertising or promotion through "Spam" techniques and strategies;

7) Invades another users or general users privacy;

8) Promote any illegal activity;

9) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

10) Misrepresent or misappropriate the likeness or identity of Oddtees or any related Oddtees party.

A violation of any of the foregoing or any other action deemed to be fraudulent, deceptive, or criminal will be grounds for termination of your rights to use or access Oddtees Services.

OWNERSHIP OF YOUR CONTRIBUTION

You agree that we have the right to use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name and town, if given) for any purpose, including for advertising and promotional purposes and inclusion on products and packaging, worldwide, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation. To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world.

You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights. You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution).

Subject always to our Limitation of Liability Statement, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution

INTELLECTUAL PROPERTY

We are the owner and/or licensee of the “Oddtees” trade and brand name, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us and are protected by copyright laws. All such rights are reserved by us, our group companies and our third party licensors.

You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, publish, manipulate, upload, or distribute, by any means, any material or information on or downloaded from the Website without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Services, software or accompanying documentation supplied by Oddtees or its third-party licensors. Oddtees is a trade mark belonging to Oddtees. No license or consent is granted to you to use this mark in any way, and you agree not to use this mark or any mark which are considerably similar without our prior written permission. Any unauthorized use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

OUR PRODUCTS

The Products offered or promoted on the Website, or offered or promoted through a third party licensor or partner, are not medical products or medical devices, and may produce different results for different users. The Products should be used by you only as directed.

WARRANTIES AND WARRANTY DISCLAIMER

Oddtees warrants to you that, when shipped to you by Oddtees, Oddtees beauty and cosmetic products (i) will substantially conform in all material respects to the specifications provided by Oddtees, and (ii) will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug, and Cosmetic Act. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTIES OR FOR PRODUCT DEFECTS SHALL BE OR REPLACEMENT OF OR, AT Oddtees'S OPTION OR IF REPLACEMENT IS IMPRACTICAL, REFUND FOR RETURNED NONCONFORMING UNITS OF PRODUCT FOR WHICH FULL DOCUMENTATION AND PROOF OF NONCONFORMITY IS PROVIDED TO Oddtees WITHIN THREE (3) MONTHS AFTER THE ORIGINAL NONCONFORMING UNITS (BUT NOT REPLACEMENTS) ARE SHIPPED BY Oddtees. Except as expressly set forth in the foregoing paragraph: (I) Neither Oddtees nor its licensors, partners or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services; (II) Oddtees (and our licensors, partners and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services; and (III) THE SERVICES AND CONTENT ARE PROVIDED BY Oddtees (AND ITS LICENSORS AND SUPPLIERS) WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY INFORMATION PROVIDED BY Oddtees IN CONNECTION WITH THE SERVICES IS PROVIDED FOR INFORMATIONAL USE ONLY AND DOES NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS ANY ADVICE OR RECOMMENDATIONS OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Oddtees (OR ITS LICENSORS, PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $500 OR (II) THE AMOUNTS PAID BY YOU TO PROVEN IN CONNECTION WITH THE SERVICES IN THE TWELVE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify and hold Oddtees, its affiliates, partners, licensors, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

ASSIGNMENT

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. Oddtees may transfer, assign, or delegate these Terms and our rights and obligations without consent.

JURISDICTION

These Terms are governed by and will be construed under the laws of the State of Utah in the United States, without regard to the conflicts of laws provisions or parties involved.

MISCELLANEOUS

You will be responsible for paying, iwthholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with Oddtees Services and Products. Oddtees may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Oddtees, and that it supersedes and cancels all previous written adn oral agreements or communications relating to the subject matter of these Terms. You hereby acknowledge and agree that you do not have any authority of any kind to bind Oddtees in any respect whatsoever.

Updated January 1, 2023