TERMS AND CONDITIONS FOR BENJITHEBEAR

Effective date: 1st May 2024

1. Introduction

Welcome to www.BenjiTheBear.com, operated by ODDMock LLC. This website provides users with an interactive experience featuring an animated character, Benji the Bear, where users can utilize a virtual currency known as "Honey Drops" to engage with Benji and send personalized messages and animations.These Terms and Conditions govern your access to and use of www.BenjiTheBear.com and its associated services, including any content, functionality, and services offered on or through the site.

2. Definitions

  • "Service" refers to the applications, software, products, and services provided through BenjiTheBear.com.

  • "User" or "You" means any individual or entity that registers for, accesses, or uses our Service

  • "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials available through the Service.

  • "Honey Drops" are the virtual currency used on the site to purchase interactions with Benji or

  • "Physical Items" include any tangible goods that users can send to one another via the Service.

3. User Eligibility

The Service is available to individuals who are at least 13 years of age. If you are under 13, you may not use the Service or provide any personal information to us. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with ODDMock LLC and meet

4. Account Registration and Management

To access certain features of the Service, you must register for an account. When creating your account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. ODDMock LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy, which identifies how we may use, collect, and store personal information you provide through the use of the Service. The Privacy Policy is incorporated by reference into these Terms and Conditions, and by using the Service, you agree to the collection and use of your personal information in accordance with the Privacy Policy.

6. User Conduct and Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Service:

  • Provide, maintain, and improve our Services;

  • In any way that violates any applicable national or international law or regulation.

  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content standards set out in these Terms and Conditions.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate ODDMock LLC, a ODDMock LLC employee, another user, or any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm ODDMock LLC or users of the Service or expose them to liability.

7. Intellectual Property Rights

The content, features, and functionality of the Service, including but not limited to text, graphics, logos, images, music, and software are the property of ODDMock LLC or its licensors and are protected under both United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by ODDMock LLC, in the manner permitted by these Terms. You must not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, without express written permission from ODDMock LLC.

8. Virtual Currency (Honey Drops)

"Honey Drops" are the designated virtual currency of BenjiTheBear.com. Users can purchase Honey Drops through the Service, which can then be used to activate various features within BenjiTheBear, such as sending messages or performing animations. Honey Drops have no monetary value and cannot be redeemed for cash, transferred, or sold. All purchases of Honey Drops are final and non-refundable except at the sole discretion of ODDMock LLC. Honey Drops may only be used on BenjiTheBear.com and do not expire.

9. Purchases and Payment

Users may purchase Honey Drops or other services/products through the Service. We may use third-party services to process payments. By submitting your payment information, you grant us the right to provide this information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

10. Refund and Cancellation Policy

Our Service provides virtual goods in the form of Honey Drops, which are considered final and non-refundable. Exceptions to this policy are at the sole discretion of ODDMock LLC and will be reviewed on a case-by-case basis. In the event that a refund is granted, the equivalent amount of Honey Drops will be deducted from your account. Physical goods sent through the Service may be eligible for refunds if they are defective or not as described. Refund requests for physical goods must be submitted within a reasonable timeframe after the goods have been received.

11. Promotions and Contests

From time to time, ODDMock LLC may host promotions, sweepstakes, or contests on the Service. Participation in these events may be subject to additional terms and conditions provided at the time of such events. All promotions will be run at the discretion of ODDMock LLC, and can be activated, modified, or removed at any time by ODDMock LLC without advance notification.

12. Sending and Receiving Physical Items

Users of the Service may have the option to send physical items to others, such as custom messages via physical envelopes. Users must ensure that they have the right to use the addresses submitted for these purposes. ODDMock LLC is not responsible for items lost, damaged, or delayed by the postal service or other delivery services. The handling of personal data in connection with the shipping process will be governed by our Privacy Policy.

13. User Interactions

Users are solely responsible for their interactions with other users of the Service, whether online or offline. ODDMock LLC is not liable for any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of users. While ODDMock LLC may monitor user interactions at its discretion, it is under no obligation to do so. Users must use caution and good judgment in all interactions with others, particularly if meeting someone in person.

14. Content Standards

All user-generated content submitted through the Service must comply with federal, state, local, and international laws and regulations. Content must not:

  • Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any other person.

  • Deceive or mislead the recipient about the origin of such messages or communicate any information which is grossly offensive or menacing in nature.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

15. Links to Third-Party Websites

The Service may contain links to third-party websites that are not owned or controlled by ODDMock LLC. ODDMock LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that ODDMock LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

16. Termination and Suspension

ODDMock LLC may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Disclaimers of Warranties

You understand and agree that your use of the Service is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. ODDMock LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. ODDMock LLC does not warrant that the Service will function uninterrupted, secure or available at any particular time or location; nor does it warrant any errors will be corrected. Additionally, ODDMock LLC does not take responsibility for the autonomous behavior of the animated character Benji, or any unintended actions or content generated by the character. This includes any misinterpretations, errors, or damages resulting from Benji’s interactions.

18. Limitation of Liability

Limitation of Liability: ODDMock LLC, including its directors, employees, partners, agents, suppliers, or affiliates, will not be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses. Such liabilities may arise from:

  • 1.

    Your access to, use of, or inability to access or use the Service

  • 2.

    Your access to, use of, or inability to access or use the Service

  • 3.

    Any content obtained from the Service.

  • 4.

    Unauthorized access, use, or alteration of your transmissions or content.

This applies whether the liability is based on warranty, contract, tort (including negligence), or any other legal theory, and even if ODDMock LLC has been informed of the possibility of such damage, or if a remedy set forth herein is found to have failed of its essential purpose.Disclaimer Regarding Benji: You acknowledge that Benji, the animated character, is a virtual entity with automated responses and actions. Due to technical or other unforeseen issues, Benji may not always perform as intended. ODDMock LLC is not responsible for any actions taken or statements made by Benji during its interactions with users. ODDMock LLC shall also not be held liable for any damages, losses, or inconveniences arising from the following circumstances, provided that reasonable measures have been taken to prevent and address such issues:

  • Messaging Errors: Errors or unintended actions in the content or delivery of messages generated by Benji.

  • Honey Drop Transactions: Issues related to purchasing, adding, or using Honey Drops, such as transaction failures or delays.

  • Physical Item Delivery: Loss or damage of physical items during the shipping process.

  • Code Redemption: Failure to redeem codes due to errors on the part of third-party services or user error.

19. Indemnification

You agree to defend, indemnify, and hold harmless ODDMock LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Service, including, but not limited to, your user contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Service.

20. Changes to the Terms and Conditions

ODDMock LLC reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

21. Jurisdiction and Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of the United States and the state where ODDMock LLC is incorporated, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.

22. Dispute Resolution/h3>

Any disputes arising out of or in connection with these Terms and Conditions or the use of the Service shall be amicably settled through informal negotiation between the parties. In the event that a dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitrator's decision shall be final and binding on both parties.

23. Feedback and Suggestions

Users are encouraged to provide feedback, comments, and suggestions for improvements to the Service ("Feedback"). You acknowledge and agree that all Feedback you give will be considered non-confidential and non-proprietary. Furthermore, by submitting Feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media. You also grant ODDMock LLC the right to use the name that you submit in connection with your Feedback.

24. Accessibility

ODDMock LLC is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. Should you experience any difficulty in accessing any part of this website, please feel free to contact us. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).

25. International Use

ODDMock LLC makes no representation that the Service is appropriate or available for use in locations outside the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Service may not be used where prohibited by law.

26. Severability

If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

27. No Waiver

No waiver of any term, provision, or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

28. Assignment

You may not assign, transfer, or delegate these Terms and Conditions and your rights and obligations hereunder without ODDMock LLC’s prior written consent. ODDMock LLC may without restriction assign, transfer, or delegate these Terms and Conditions and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice.

29. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by ODDMock LLC on the Service, shall constitute the entire agreement between you and ODDMock LLC concerning the Service. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect.

30. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

  • Email: support@benjithebear.com