Terms

Otherworld Terms of Use

These Terms of Use are between you and Otherworld Holdings, LLC (and, as applicable, each of their affiliates, subsidiaries, parents, and other related entities) (collectively, “Otherworld” and referred to herein as “we”, “us”, or “our”, as applicable). These Terms of Use, along with our Privacy Policy located at 5819 Chantry Drive Columbus, OH 43232 and all other policies, terms, and legal notices posted by Otherworld on the Sites from time to time (“Terms of Use”), together govern all aspects of your use of the Sites.

By accessing and using the Sites, you agree that you have read and understood the Terms of Use and agree to be bound by their provisions. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITES. Please read these Terms of Use carefully to understand your rights. Any defined terms not specifically defined herein shall have the meaning ascribed to them in our Privacy Policy.

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1. CHANGES TO TERMS OF USE. Otherworld reserves the right to change these Terms of Use at any time in our sole discretion, with or without notice to you, or to terminate these Terms of Use in their entirety. The most current version of these Terms of Use will supersede all previous versions. It is your responsibility to review the Terms of Use regularly for updates.

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2. PRIVACY. Any information submitted on, to, or through the Sites is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our current Privacy Policy to understand how Otherworld collects, uses, stores, and shares the information it collects from you, and your choices regarding our collection and use of such information.

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3. USER CONDUCT. You agree to use the Sites in accordance with these Terms of Use and all applicable laws and regulations. You are solely responsible to maintain the confidentiality of your login information and the use of your account, and for all activities conducted using your account. In the event of any unauthorized use of your account or any other breach of security, you must immediately notify Otherworld. You also agree not to:

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• modify, adapt, translate, or reverse engineer any portion of the Sites;
• use the Sites for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
• use the Sites in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
• frame or mirror any portion or feature of the Sites;
• use the Sites for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
• use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Sites; (2) reproduce or circumvent the navigational structure or presentation of the Sites; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sites;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or with any other person’s use or enjoyment of the Sites;
• transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
• circumvent or attempt to circumvent any security or authentication measures implemented by us or on our behalf;
• forge headers or otherwise manipulate identifiers;
• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
• submit or post any false or misleading information; and/or
• violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Otherworld or any other third party.

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4. ORDER-SPECIFIC TERMS. We reserve the right to revise prices at any time prior to accepting any order.  To place an order for any products or services available on the Sites, you may be required to provide accurate, current, complete, and valid financial information for purposes of online payment for such products or services, including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. If you supply such information that is inaccurate, not current, or incomplete, or if we reasonably believe or suspect that such information is inaccurate, not current, or incomplete, we have the right to suspend or cancel the order and terminate your ability to access or use the Site in accordance with the Termination section below. By providing us such information, you authorize us to provide the information to payment processing third parties for purposes of facilitating the completion of your order and charge the credit card listed in such information for all applicable fees incurred in connection with your order.  You are responsible to notify us of any changes to your financial information.  Further, you represent and warrant to us that: (A) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any such order; and (B) the information you supply to us is correct and complete. We additionally reserve the right to refuse or cancel your order at any time for any reason, including, without limitation, the availability of products or services, errors in the description or prices of products or services, errors in your order, or if fraud or an unauthorized or illegal transaction is suspected. Orders placed on the Sites for tangible goods are subject to our Refund Policy) and Shipping Policy, which are subject to change at any time, at our sole discretion. Title to the goods sold pass to you once the goods are fully paid for and we have delivered the goods to the shipping carrier. You bear all risk of loss once the goods leave our possession.

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5. LICENSE. Subject to these Terms, Otherworld grants you a non-exclusive, non-assignable, revocable, and non-transferable license to access and use the Site solely for personal and non-commercial use. The use of the Site for any purpose other than as contemplated by the Services constitutes a violation of the Company’s copyright and proprietary rights. You are solely responsible for the accuracy and completeness of all information you upload, input, or provide to the Sites, and you agree to bear all risks associated therewith. Further, you are solely responsible for all equipment, software, and connections, including, without limitation, the security and privacy of those connections, to the Internet, which is required to gain access to the Sites.

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6. TERMINATION. We reserve the right to prohibit and/or limit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Sites, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law. We also reserve the right to terminate your access to the Sites at any time, without cause and with or without notice to you.

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7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ALL CONTENT INCLUDED ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OTHERWORLD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. OTHERWORLD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY CONTENTS ON THE SITES WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THATANY DEFENTS WILL BE CORRECTED. OTHERWORLD FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITES.

IN NO EVENT SHALL OTHERWORLD BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) YOUR ACCESS/USE OR INABILITY TO ACCESS/USE THE SITES, (II) ANY OF THE INFORMATION CONTAINED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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8. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Otherworld and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from your use of and access to the Sites, your violation of any provision of these Terms of Use, and your violation of any third-party right under applicable law. This defense and indemnification obligation will survive these Terms of Use and your use of the Sites.

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9. INTELLECTUAL PROPERTY NOTICE. The Sites contain (i) valuable trademarks and service marks owned and used by Otherworld, and (ii) text, graphics and HTML code which are copyrighted materials of Otherworld (collectively, the “Otherworld IP”). The absence of a trademark or copyright notice or legend indicating the registration or ownership by Otherworld anywhere in the text of the Sites does not constitute a waiver of Otherworld’s trademark, copyright, or other intellectual property rights concerning that item, or any other item, of Otherworld IP. Otherworld reserves all legal rights with respect to the Otherworld IP. Nothing contained on the Sites should be construed as granting by implication or otherwise any license or right to use the Otherworld IP, and you are strictly prohibited from using, copying, or commercially disseminating the Otherworld IP in any manner whatsoever unless we have given our prior express written permission for you to do so. Please be advised that we will enforce our intellectual property rights to the fullest extent of the law.

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10. ARBITRATION. Except for claims to a court of competent jurisdiction for injunctive relief, any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in Franklin County, Ohio, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

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11. GENERAL. You affirm that you are over the age of 13, and either more than 18 years of age or possess legal parental or guardian consent, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You agree that the Sites shall be deemed solely based in the state of Ohio, and that the Sites do not give rise to personal jurisdiction over Otherworld in any jurisdiction other than Ohio. These Terms of Use shall be governed by the laws of the state of Ohio, without respect to its conflict of laws principles.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Otherworld, shall constitute the entire agreement between you and us concerning the Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Otherworld to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If you have any questions or comments about the Sites or its Terms of Use, please contact us at helloohio@otherworld.com.

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Last updated: June 10, 2024

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