Terms and conditions
1. General Terms
1.1. Welcome to https://odoshells.com/ (the “Website”), the website of the company with the name ZERONE Inc. (“Zerone Inc”, “Company”, “we” or “our”)a Delaware corporation, located in the Green STE A 1771, Suite #7791 Dover, DE 19901, EIN:38-4065148 Delaware, USA, e-mail: info@odoshells.com, tel: +1 (302) 261.3852. Trying to be close to the needs of our prospect customers and/or partners, we have created this Website, in order to present the ODO BODIiPad Pro 11‑inch (1st, 2nd, 3rd, and 4th generation) and iPad Air (4th and 5th generation) shell/case(the “ODO BODI”)and provide information for this innovative product that is currently under development and is soon to be finalized and launched for sale.
1.2. These terms of use (the “Terms of Use”, the “Terms”) are addressed to the visitors/users of our Website who are interested to be informed about the ODO BODI (“User/s”, “you”). The visit and use of our Website is carried out in accordance with these Terms, which constitute a single text with the Privacy Policy and Cookies Policy and should be read together. By using this Website, the Users declare that they have read all the above texts and have been informed about their content. In case you disagree with all or part of them, you should not take any action, including simple navigation to our Website. By accepting these Terms in accordance with the foregoing, you expressly and unconditionally declare that you are of legal age to be bound by these Terms with respect to the use of our Website.
1.3. For any information or clarification regarding these Terms, you may contact us to our contact details as presented in the subdirectory Contact. Any information or clarification provided by Zerone Inc regarding these Terms, does not constitute a replacement, substitution or any modification thereof and will be provided solely for the purpose of serving the User and providing assistance regarding the Website. The Terms constitute the sole and exclusive agreement between the Company and the Users regarding the use of the Website.
2. Website content
2.1. Please note that this Website is currently of an informative nature only; it is not an online store nor provides the possibility of purchase. It only provides information regarding the ODO BODI, its features and news and articles that we conduct regarding it. We plan to launch ODO BODI soon for sale; so as soon as this happens, we shall update the present Terms too to reflect the e-shop terms and conditions.
2.2. Information and features regarding ODO BODI are presented in many different ways such as posts, updates, articles, announcements, photos, visual and other material (the “Content”). We make every effort to ensure that the Content posted on our Website is a source of complete, accurate and up-to-date information regarding ODO BODI. So given that it is under development, Content is constantly updated and changes from time to time depending on the progress. Hence no final version of the description, the features and the characteristics of the ODO BODI is yet available
2.3. You understand and acknowledge that information and description regarding ODO BODI is not yet finalized and that we cannot and we do not guarantee yet for its exact features, operation and characteristic. None of the Content uploaded currently in our Website binds us to meet specific requirements or characteristics or operations and all of the above may change from time to time until the final deployment of the ODO BODI.
3. How to use the Website properly?
3.1. Users must use the Website in accordance with the Terms of Use and applicable laws and regulations and in good faith and in accordance with good morals.
3.2. Users, by navigating the Website, accept that by using the Website it is prohibited to:
– Use the Website in any way that could harm or cause any harm to the Company, other Users or third parties or in any way undermine the security of the Internet connection and/or the Users’ browsing experience as a whole.
– Act in the use of the Website anything that constitutes a violation of legal provisions (criminal, civil, administrative, national or international) in relation to the rights of Users on the Internet or other people in general.
– Any form of Software piracy, hacking and/or interception, copying, analog/digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative works of data (including personal data) and information, including the content and material (photos, graphics, texts, etc.) of the Website.
– The uploading of the Website, sending and promoting information or software programs through it, which may contain viruses or other harmful features and functions that may result in the malfunction of the Website or cause increased traffic on it, and which may make it difficult for other Users to use it.
– The use of the Website in any way, which regardless of the purpose (knowingly fraudulent or negligent) could affect its proper functioning and lead to malfunction.
– Facilitating in any way and by any means the access of third parties to the Website and to any kind of data (including personal data) and information for illegal purposes and for unauthorized use.
– Transmitting viruses, documents and information through the Website that are illegal, harmful, offensive, threatening, defamatory or dangerous to its security and to the reputation of the Company and its affiliated entities or other Users.
– Any act of making the Website available to third parties for any use and purpose other than as expressly permitted and set out in these Terms.
– Interconnecting the Website with any product or service of the Users without the express and written consent of the Company.
– Any action or omission, which may affect the ability of other Users to use the Website, or circumvent the rights of other Users, such as intellectual property rights, rights to their personal data, etc.
– Unauthorized modification of the content.
– In general, any act or omission that may lead to the destruction and/or modification of data contained on the Website, to putting other Users in an unfavourable or inconvenient position, as well as any act that may violate third party rights, intellectual property rights or any other illegal act or omission.
3.3. Users expressly declare and warrant that: (a) will indemnify the Company, its management, directors, administrators of the Website, employees, representatives, agents, partners, agents, employees, suppliers, contractors and any third party having rights therefrom, from any damage, loss, expense they may suffer as a result of a breach by the Users (or third parties authorized by them) of the provisions of this document and in particular the prohibitions set forth herein or a breach by them of the applicable law and/or the rights of the aforementioned persons and/or third parties when using the Website; and (b) they shall not bring any action against the Company and the aforementioned persons for the satisfaction of any claim and/or expense (including legal costs) arising from the use of the Website.
4. Intellectual Property
4.1. The logos, trademarks, registered or unregistered, distinctive titles of the Company, any other material identifying the identity and origin of the Company and the Website, the branding material, the name of ODO BODI, the patent, the trademark, the figurative mark, the slogans, texts, graphics, designs, icons, images, pictures, videos, software and, in addition, the domain name and the aesthetic design of the Website (the “look and feel”, i.e. its presentation), the collection of icons and photographs, their arrangement and the overall composition of the ODO BODI image that appears on the Website and is related to it (the “Material“), constitute the Company’s intellectual property, which is protected by the relevant provisions of international law.
4.2. You may not use, copy, distribute, reproduce, modify and in any way transmit, reverse engineer, publicly communicate or translate, use any part (and/or all) of the Material without the prior written authorization of the Company. Exceptionally, the use of the Material displayed on our Website is permitted solely for private use. The use of it for any commercial use or for any commercial purpose is expressly prohibited. The appearance of the Material does not in any way imply a license to use it by the Users; nor does it imply a connection between the Company or the Website and its Users.
4.3. The Website is provided “as is” without offering any additional guarantee regarding its specific technical characteristics and properties and/or its suitability for the purpose for which it is intended to be used by the Users, other than what is expressly stated herein.
3.4. By these Terms we grant you a limited and non-transferable license to access and make personal use of the Website you visit, but not a license to download the content and code in whole or in part, except with our express written authorization. The license granted to you does not authorize any resale or commercial use of this Website or its Content. You may use the foregoing only for your personal use.
3.5. You may not link to our Website or use framing techniques to surround any of our intellectual property without our written consent. You may not use any “meta tags” or any other “hidden text” based on our Company’s and the Site’s names or trademarks without our express written consent. You may not create a link to any part of this Site other than the home page without the Company’s prior authorization.
3.6. In case of unauthorized use of the Website, the Material and/or the Content, the license granted shall cease to be valid. Any action, which directly contradicts the above restrictions on the use of the Company’s intellectual property rights will be considered as a violation of its rights; the Company may claim the enforcement of all its legal rights, including through legal action or resort to any other legal means of enforcing its rights and/or claiming compensation for any damage for the purpose of limiting any relevant infringement and further unlawful use of the intellectual property material. In any case, we reserve the right to withdraw the license without cause, without compensation and without prior notice.
4. Limitation of liability
4.1. This Website is for informational purposes only and is provided without prejudice to the provisions of clause 2.3. given that the ODO BODI is still under development. The Content posted shall not be taken as binding with the Company, unless otherwise expressly stated. The Company shall not be liable for any delay in uploading any Content on the Website, any failure to post Content on the Website, any changes to the Content and/or the withdrawal of Content posted on the Website.
4.2. The Company does not guarantee that the page, services, options, contents, descriptions, photos will be displayed and provided on the Website without interruption and without errors. The Company shall not be liable in case of deviation of the photographs from the actual image of ODO BODI.
4.3. The Content of the Website and the presentation of ODO BODI in general should not be taken by the Users as an invitation by the Company or a proposal for the submission of a proposal by the Users to the Company for cooperation, purchase, sale or any other action by the Users. If a User intends to make decisions with legal consequences, he/she should seek further clarification from the Company. The Company disclaims all liability and warranty with respect to any actions of Users who have acted as aforesaid.
4.4. The Company shall always act in good faith and within the framework of the law and these Terms. Accordingly, it has taken and continues to take all necessary technical or other measures and makes every effort to ensure that (a) the Website operates continuously and properly without any problems, interruptions, delays, errors or mistakes, (b) the data/information provided and transmitted through the Website is not altered, (c) the technology used or the servers through which the Website is made available to the Users does not contain viruses or other harmful components or software programs; (d) the Content is complete and up-to-date, however, it DOES NOT OFFER ANY WARRANTIES in relation to all of the above. The availability of the Website may be affected by the Users’ equipment, the state of communication networks, the number of people trying to use the Website at the same time or other causes and for this reason it may not function either well or at all or may require maintenance without any notice. Furthermore, it is possible that viruses or other harmful software may be detected and transmitted to users’ terminals.
4.5. The Company shall not be liable in the event that for any reason, even for negligence, the operation of the Website is interrupted or it becomes difficult or you are unable to access it, even though we observe all technical security measures, and reserves the right to decide to suspend or terminate access to part or all of the Website with and/or without notice to the Users, if circumstances beyond its control arise which make it necessary to suspend or terminate access, such as, but not limited to the event of malfunctions of information systems or telecommunications networks, technical problems or for the purposes of routine or emergency maintenance or in other cases of major emergencies. The Company shall not be liable for any loss or damage that may be caused by a denial-of-service attack, viruses or other technologically harmful software that may infect your software, hardware, data or other proprietary material due to your use of this Website or downloading of any material posted on the Website. Furthermore, the Company shall not be liable in case of interruption of access for reasons beyond our sphere of influence and for technical or other network failure or for reasons of force majeure or fortuitous events.
4.6. The Company does not bear any obligation or guarantee which it has not expressly assumed herein or which is not provided for by the legislation governing its activities as a mandatory obligation. For any other possible damage resulting from the use or browsing of the Website, the Company disclaims any liability for consequential, contingent and indirect damages or for loss of profit, which include unrealized profits, loss of data, business interruption, damage to reputation or goodwill or any other damage, regardless of its nature, that could result from the use of its Website or its content or from the inability to use it, regardless whether such damages were foreseeable or arise in contract, tort or negligence, under applicable law or otherwise.
4.7. To the maximum extent permitted by applicable law, you understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, material or punitive damages or any other damages related to or arising from the use or inability to use the Website. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of your files and data, and any other tangible or intangible loss or damage.
4.8. In any case, however, and if any damage is due to the proven fault of the Company, the latter shall be liable only for the coverage of any material damage of the injured party that is proven to be directly related to the damaging event and to its culpable act or omission. In addition, all limitations of liability set forth in these Terms and Conditions shall apply, which the User of the Website acknowledges and accepts in their entirety as valid and in accordance with good faith and fair dealing.
4.9. The Company is liable only for fraud and gross negligence, in case of damage to Users from information and services of the Website and in general any use of it.
4.10. The Company, the administrators of the Website, its management, employees, associates, collaborators, agents and any of its representatives in any case shall not be liable to the Users or any third party who derives rights from them for any material, indirect, incidental, special/exceptional, criminal, civil, administrative, direct, consequential, negligent, inter-contractual or other incidental damage, due to (indicatively and not limited to):
– The use of the Content and/or the services of the Website by the aforementioned persons.
– The inability of the aforementioned persons to access the Content and/or the services of the Website.
– The unauthorized access or use of the Company’s servers and/or any business information that may be stored on them.
– The interruption or cessation of the transmission of all and/or part of the Website’s Content for any reason and for any cause whatsoever.
– The existence of bugs, viruses and other related threats to the security of information systems, which may be transmitted through the Website by third parties.
– To any error or omission in any Content or service made available through the Website.
– In any statement or conduct of a third party in relation to the Website.
– Use or inability to use any part of the Website.
– To errors, omissions, technical impediments, failures or malfunctions of telecommunication networks, the internet, the Website, Internet Service Providers.
4.11. All limitations of liability set forth herein shall apply in their entirety as valid and in accordance with good faith and fair dealing, and Users consent to such exceptions and limitations. The limitation of liability shall apply whether arising in contract or tort or based on any other legitimate cause.
5. Final provisions
5.1. Amendments of these Terms: the Company reserves the right to modify, anew, delete, add, limit unilaterally these Terms, in whole or in part, as well as its Policies at its sole discretion and without prior notice or approval of the Users. It is the User’s responsibility to regularly check these Terms for any changes. Continued browsing of the Website after modifications implies express acceptance of such changes.
5.2 Personal Data: You bear full and exclusive responsibility in relation to the data (personal and other) that you provide to us when you communicate with us. In order to inform you about the type of Personal Data we process and the respective purposes, the recipients of your data, as well as your rights in relation to them, and to obtain other relevant information concerning their protection and security, please refer to our Privacy Policy and our Cookies Policy .
5.3. Waiver: No delay, neglect or forbearance by the Company in enforcing compliance by the User with any provision hereof shall constitute a waiver or impair any right provided for herein.
5.4. Invalidity of Terms: If any term hereof shall be held by any Court of competent jurisdiction or the Authority to be invalid and therefore unenforceable, such term shall not invalidate the remaining terms hereof, which shall remain in full force and effect. In the event that any portion hereof is declared or determined by a court order to be invalid, such invalidity shall not affect the validity of the remaining portion hereof, which shall remain in full force and effect as if these Terms had been executed with the invalid portion stricken. The Company will seek to replace any invalid term with a new valid term, the effect of which will be the nearest equivalent of that which was invalidated.
5.5. Applicable Law and Jurisdiction: Any dispute between the parties regarding the application, interpretation, invalidity of these Terms, the existence or non-existence of rights and obligations of the parties arising either from these Terms or from tort, shall be interpreted in accordance with the laws of Delaware USA and shall be subject to the exclusive jurisdiction of the competent Courts of Delaware.