Omnium Group Terms of Use Agreement

Omnium Group Corporation, herein Omnium, makes available for your use its internet services and related products or services and information, documents, software and products (collectively "Materials") and those various services offered by Omnium (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Use") in addition to any terms appearing with regard to a specific product, service or other use and in addition to the terms of any other contract between you and Omnium. By accessing or using any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use any Materials or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Use.

 

Omnium may modify the Materials, Services and Terms of Use, including but not limited to any of its tariffs, at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted or issued agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

 

TRADEMARKS

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of OMNIUM (collectively "Marks") are and shall remain the exclusive property of Omnium and nothing in this agreement shall grant you the license to use such Marks. ADDITIONALLY, OTHER MARKS WHICH APPEAR ON OUR WEBSITE OR OTHER PLACES MAY BE MARKS OF THIRD PARTIES THAT ARE NOT AFFILIATED WITH OMNIUM, OMNIUM AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THIRD PARTY WEBSITES, PRODUCTS OR SERVICES.

 

COPYRIGHT

All Services and/or Materials including our website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials or the website is strictly prohibited, without the express, prior, written consent of Omnium. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

USE OF SOFTWARE

The software that is made available to download or otherwise be used from the Omnium website is the copyrighted work of Omnium and/or its suppliers and partners. Use of such software is governed by these Terms of Use and the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

In addition you agree to natural usage on any Omnium website and not to use excessive bandwidth, which will be determined by Omnium in its exclusive and sole discretion, processing power, memory, deploy any type of automation technology such as, but not limited to, harvesting bots, crawlers, robots, spiders, scrapers and the like. In the event of such use we reserve the right to immediate cancel your access to any Omnium website, service or product, prohibit future access and will not refund any monies for any reason and we will impose upon you a penalty which may be in the form of a money amount or otherwise. Further should you use any form of reverse engineering or automation technology then and in that event you hereby expressly give us permission to publish publicly, in any manner we chose, any and all private information we have about you, whether supplied to us by you or otherwise obtained by us, and place that information upon any type of “do not do business with” list, whether such list is created by us or anyone else.

 

Also in addition, Omnium may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Omnium will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

 

YOUR CONDUCT

You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, any material or service or the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material or service of any kind, including, without limitation, material or service that encourages or engages in unlawful conduct. If Omnium believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Omnium may, (1) remove such content from the website; (2) terminate or suspend your account or use of the Services and Materials; (3) forward information concerning the offensive or unlawful material or service or conduct, and your communications through any Omnium facility and your personally identifiable information to the proper authorities for investigation or prosecution.

 

Use of any Omnium website by a natural person is restricted to those persons of a legal age of consent and ability to enter into contracts in either the jurisdiction within which they reside or within the State of Florida wherein this agreement is deemed to have been entered into. By your use of any Omnium website you certify to Omnium that you meet the condition of this paragraph and expressly relieve Omnium of any duty to verify the information and indemnify Omnium against any loss, expense or liability on account of your misuse of this paragraph.

 

WARRANTIES AND DISCLAIMERS - website, products and services

HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIE WEBSITE MAY ENABLE YOU TO LEAVE ANY OMNIUM SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OMNIUM AND OMNIUM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OMNIUM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND YOU ARE NOT OBLIGED OR OBLIGATED TO USE SUCH LINKS, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OMNIUM OF THE SITE. OMNIUM AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF LINKED OR THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". OMNIUM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS OR ANY TRANSACTION PERFORMED THROUGH OMNIUM PRODUCTS OR SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF ANY SERVICE OR PRODUCT OR OTHER USE OF THE WEBSITE, PRODUCT OR SERVICE. OMNIUM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION ON OR WITH ANY OMNIUM PRODUCT OR SERVICE. OMNIUM DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION NOR DOES OMNIUM WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR OTHERWISE OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. OMNIUM DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.

 

SOME OF YOUR RESPONSIBILITIES

If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Omnium pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use.  Omnium will not offer any refunds or reimbursements for the purchase price of any service or product except our termination, without any breach of these terms on your part, of any subscribed service and then on a pro rata basis. Any access of any Omnium site you make may incur a charge or charges imposed by the provider of that access which is your responsibility and Omnium will not under any circumstance pay or become responsible for such charges. Omnium reserves the right to terminate any dormant account that has not been used for a period of ninety (90) days or longer. You may incur a termination fee. Information provided through the website or elsewhere may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Omnium reserves the right to make improvements and/or binding changes to the website, Materials or Services at any time without notice. Omnium is not required to send to you any changes or amendments to any writing, including this agreement, plans of service, privacy terms or any other writing, except where another contract between you and Omnium so provides, but Omnium shall maintain copies thereof at an Omnium office and may, in its sole discretion, post them on the Omnium website.

 

If you register for any account on any Omnium website, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on that website (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Omnium, and to keep Registration Data accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Omnium. You are responsible for all activity on your  account, and for all charges incurred by your  account

 

ATTENTION CREDIT CARD PAYERS. In the event of any payment or prepayment by you to Omnium made by credit card please make sure you have read the foregoing paragraph. By accepting these terms you are waiving any right you may have to dispute any charges through your credit card company. Omnium does not make refunds or reimbursements of any kind. In the event you have been charged for materials or services which were not to your liking for any reason whatsoever the only remedy you have is a credit for future materials, products or services. In the event of a dispute, such dispute must be made only to Omnium and within seven (7) days of the occurrence. Failure to notify Omnium of any dispute within seven (7) days of the occurrence shall result in your waiver of any claim you may or might have had. In the event your credit card company issues any notice of dispute or “backcharge” to Omnium you will be deemed to have violated the terms hereof and your account and/or services will be subject to suspension or cancellation, in the sole discretion of Omnium, without refund of any kind. Omnium deems that it could not provide any material or service or product to you or anyone else without this provision and therefore this paragraph is of the essence of your agreement. This means that without this provision Omnium would not and will not provide you any material, service or product.

Fees and any other charges for the use of any Omnium website are set forth on that website. Fees and charges may change from time to time. If we change them, we will post them on that website at least 30 days’ notice before implementing the change. If they do change, your continued use of the website after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL OMNIUM BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR MATERIALS OR PRODUCTS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF OMNIUM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR PRODUCTS OR INFORMATION DOWNLOADED OR PROVIDED THROUGH, OR HYPERLINKED FROM, THE WEBSITE OR FROM ANY OTHER SOURCE.

 

INDEMNITY

You agree to indemnify, defend and hold Omnium, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners, affiliates and any third party information providers to the Website, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Omnium Product, Service or Material, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Omnium and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners, affiliates and any third party information providers to the Omnium Website, or any Omnium Product, Service or Material. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

TERMINATION

You agree that Omnium, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Products, Services or Materials, for any reason, or no reason at all. Omnium may also in its sole discretion and at any time discontinue providing the Products, Materials, or Services, including support, or any parts thereof, with or without notice. You agree that any such termination of your access may be effected without prior notice, and acknowledge and agree that Omnium may immediately deactivate or delete your account and/or bar any further access to the Products, Services or Materials. Further, you agree that Omnium shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

 

GOVERNING LAW: JURISDICTION

These Terms of Use shall be governed and construed in accordance with the laws of the State of Florida. You agree that in any legal action or proceeding between you and Omnium for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in the state and/or federal courts of Florida within the City of Fort Lauderdale or the County of Broward, and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Products, Services or Materials must be commenced within one (1) year after the claim or cause of action arises after which such claim or cause of action is barred. Omnium’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Omnium may assign its rights and duties under these Terms of Use to any party at any time without notice to you and you may not assign any claim, right or duty hereunder.

 

ACCOUNT NUMBER, USER ID AND PASSWORD

You are responsible for maintaining the confidentiality of your account number, User ID, password and/or any other information unique to your use of the website or any Omnium product, service or material. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

 

PERSONAL INFORMATION AND PRIVACY

To learn about how Omnium handles personal information, refer to our Privacy Policy. Please note that any non-personal information or material sent to Omnium will be generally be deemed NOT to be confidential.

 

EXPORT CONTROL LAWS

The export and re-export of Omnium Materials, Services or Products, may be or are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials, Services or Products to any destination requiring such a license. In addition, the Materials, Services or Products may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan, North Korea or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, the Products, Software or Materials may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading or acquiring the Software, Materials or Products you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

 

With regard to the importation of Omnium materials, services and/or products into countries other than the United States, Omnium makes no representation of any kind regarding the legality thereof. All materials, services and/or products Omnium sells are offered in the United States only and must be paid for in the United States. Use of Omnium materials, services and/or products outside the United States may  be regulated by other countries or jurisdictions. It is your responsibility to comply with any of those regulations.

 

TAXES

You are responsible for and hereby agree to pay, any applicable tax, fee or charge imposed upon any material, service or product as a result of your purchase or use of any Omnium material, service or product. Such tax, fee or charge may be in addition to the cost of any Omnium material, service or product. Omnium shall not be obligated in any way to dispute or contest the imposition of any tax, fee or charge. The imposed tax, fee or charge of concern may be imposed in the United States by any applicable federal, state, municipal, local or other governmental entity and may or may not be collected by Omnium. Outside the United States payments of any applicable tax, fee or charge are your strict and expressed responsibility.

 

INTERACTIVITY ON ANY OMNIUM WEBSITE, YOUR WEBSITE, OR ANY WEBSITE OR ANY PLATFORMS, PROPERTIES, OUTPOSTS AND THE LIKE OMNIUM ENTERS WITH YOUR PERMISSION, COLLECTIVELY, THE WEBSITE

The website may contain interactive areas including interactive advertising and promotion areas, discussion forums, bulletin boards, review services or other forums in which you or third-parties may post content, messages, reviews or other materials on the website (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the website will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following: 1. Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 5. Unsolicited promotions, political campaigning, advertising or solicitations; 6. Private information of any third-party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third-party has expressly consented to such use and which consent is simultaneously posted; 7. Viruses, corrupted data or other harmful, disruptive or destructive files; 8. Promotion entries or Content that we know or suspect are fraudulent or otherwise violate these Terms, or violate the rules and policies supplied by the promotion Sponsor; 9. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or 10. Content that, in the sole judgment of Omnium, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose Omnium or its affiliates or its users to any harm or liability of any type. Omnium has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the website generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the website you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the website

 

Omnium does not under any circumstance accept liability for any posting, comments or words of any kind on the website, or any platforms, properties, outposts and the like or other websites, your website or websites or any other website you may use  placed by a third party, with or without consent. The preceding  sentance shall apply in all instances, even those where you have given Omnium permisssion to enter your website or other websites, any website or websites you may use, such as social media websites and any other interactive website, and apply whether or not third party commentary is a result of any posting by Omnium on your behalf or in your name.