Terms and Conditions
Agreement between User and Oblik Design
Welcome to Oblik Design. The Oblik Design website and mobile app (the "Site") is comprised of various web pages and mobile apps operated by CustomFitVR LLC. Oblik Design is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Oblik Design constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Oblik Design is an E-Commerce Site and a Mobile App.
We create and offer personalized face gaskets and facial interfaces tailored for various virtual reality (VR) platforms. These custom solutions are crafted uniquely for each user, utilizing a mobile app to capture a face scan. Our design for the gaskets and interfaces is focused on enhancing user comfort during VR experiences and optimizing optical performance by aligning the user's eyes more effectively with the lenses of VR systems.
Privacy
Your use of Oblik Design is subject to CustomFitVR LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Oblik Design or sending emails to CustomFitVR LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
CustomFitVR LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Oblik Design only with permission of a parent or guardian.
Cancellation/Refund Policy
Upon receiving your customized face gasket or facial interface product, we kindly request that you complete a survey to provide us with feedback regarding the product's fit, as well as its effectiveness in addressing comfort and performance concerns you may have had with your previous product before purchasing ours.
If you find yourself dissatisfied with our product for any reason, and once you've completed the feedback survey, we kindly ask you to initiate the replacement process through our mobile app. This can be done by opening your Order, tapping the "Report fit issue" button, and filling out a survey detailing the issues you've encountered with the product. This action must be taken within 30 calendar days of receiving your product.
By doing so, you enable us to resolve your concerns by sending you up to one replacement product, incorporating design modifications we believe will rectify the issues you've raised. If we determine that your issue(s) cannot be adequately resolved through design modifications, we will offer you a full refund instead of a replacement.
In the event that the replacement product still fails to address your issue(s), you may follow the same process within the mobile app to report the fit issue, and we will proceed with issuing a refund. This, too, must be done within 30 calendar days of receiving the replacement product.
Upon being presented with a refund offer, you have 7 calendar days to accept it via our mobile app.
Before we can process your refund, we request that you return all products and components we shipped to you, including any replacement products and/or components. We will provide prepaid postage with tracking, and it is expected that you utilize this postage to send your return back to us. The refund will be finalized upon our receipt of your return and confirmation that the contents are complete.
Links to Third Party Sites/Third Party Services
Oblik Design may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CustomFitVR LLC and CustomFitVR LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CustomFitVR LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CustomFitVR LLC of the site or any association with its operators.
Certain services made available via Oblik Design are delivered by third party sites and organizations. By using any product, service or functionality originating from the Oblik Design domain, you hereby acknowledge and consent that CustomFitVR LLC may share such information and data with any third party with whom CustomFitVR LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Oblik Design users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Oblik Design strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CustomFitVR LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CustomFitVR LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CustomFitVR LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CustomFitVR LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CustomFitVR LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by CustomFitVR LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CustomFitVR LLC Content accessed through Oblik Design in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CustomFitVR LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CustomFitVR LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CustomFitVR LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CUSTOMFITVR LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CUSTOMFITVR LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CUSTOMFITVR LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUSTOMFITVR LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUSTOMFITVR LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
CustomFitVR LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CustomFitVR LLC as a result of this agreement or use of the Site. CustomFitVR LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CustomFitVR LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CustomFitVR LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CustomFitVR LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CustomFitVR LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CustomFitVR LLC reserves the right, in its sole discretion, to change the Terms under which Oblik Design is offered. The most current version of the Terms will supersede all previous versions. CustomFitVR LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
CustomFitVR LLC welcomes your questions or comments regarding the Terms:
CustomFitVR LLC
5965 VILLAGE WAY STE E105, #615
SAN DIEGO, California 92130
Email Address:
custserv@customfitvr.com
Telephone number:
6195666517
Effective as of September 08, 2023