1. Acceptance of Terms of Use.
Use of or access to the Omoly.com Website, including use, access, and/or downloading of any content from or through the Omoly.com domain name (hereinafter, the Omoly.com domain name and website and all content contained in or available through the website shall be collectively referred to as the “Omoly Website” or “Website”), are subject to these Terms of Use (the “Terms of Use”). Each use of and/or visit to the Website, represents your acceptance of and agreement to comply with both the Terms of Use and the terms and conditions of Omoly’s Privacy Notice (the “Privacy Notice”). The Privacy Notice, which can be found at (http://www.Omoly.com/privacy), is hereby incorporated into and made a part of the Terms of Use. If you do not agree with the Terms of Use or the Privacy Notice, please do not use the Omoly Website.
2. The Website.
The Terms of Use apply to all users of the Omoly Website, including users who also contribute content, information, and other materials or services on the Website. The Omoly Website may contain links to third party websites that are not owned or controlled by Omoly. Omoly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Omoly will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Omoly from any and all liability arising from your use of any third-party website. Please be aware when you leave the Omoly Website, and read and comply with the terms and conditions and privacy policy of each other website that you visit.
3. Access to the Website.
Omoly hereby grants you permission to access and use the Website subject to the following terms and conditions:
a. You may access and use the Website only for personal use;
b. You may not copy or distribute any part of the Website in any medium without Omoly's prior written authorization in each instance;
c. You may not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
d. You may not use or launch any automated system, including, but not limited to, “offline readers”, "robots," "spiders," and the like, that accesses the Website and sends more request messages over a period of time than can be produced by a human during the same period of time using a conventional on-line web browser;
e. Notwithstanding the foregoing, operators of public search engines may use spiders to copy materials from the Website solely for purposes of creating publicly available, searchable indexes of such materials, provided, however, that such materials may not be cached or archived under any circumstances. Omoly reserves the right to revoke these exceptions either generally or in specific cases;
f. You may NOT collect or harvest any information or data from the Website that contains any personal identification information of any kind, including, but not limited to, account names;
g. You may nor to use the Website or its systems for any commercial solicitation purposes, and you agree not to solicit, for commercial purposes, any users of the Website; and
h. You will fully comply with all of the terms and conditions of these Terms of Use and the Privacy Notice.
In order to access some of the features of the Website, you will have to create a user account. When creating your account, you must provide Omoly with complete and accurate information. Your account must be password protected. You are solely responsible for any activity that occurs on your account. You must notify Omoly immediately of any breach of security or unauthorized use of your account. Omoly is not liable for any your damages or losses caused by any unauthorized use of your account. However, you may be liable for any damages or losses of Omoly and/or others due to such unauthorized use. Use of any other user’s account without written permission is strictly prohibited.
5. Intellectual Property Rights.
The content on the Omoly Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Omoly, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Omoly makes no representations and warranties of any kind or nature about any of the Content, and Omoly hereby disclaims any and all liability for any of the Content. Omoly reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Omoly Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Omoly Website or the Content therein.
6. User Submissions.
The Omoly Website may now or in the future permit the submission of videos or other content and/or communications submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions.
The submission of any such User Submissions shall be subject to the following terms and conditions:
a. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
b. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Omoly to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions and all parts thereof in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
c. ALTHOUGH YOU WILL RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, BY SUBMITTING THE USER SUBMISSIONS TO THE OMOLY WEBSITE, YOU THEREBY GRANT TO OMOLY A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, TRANSFERABLE, AND SUBLICENSEABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE OMOLY WEBSITE AND OMOLY'S (AND ITS SUCCESSOR'S) BUSINESS, INCLUDING, WITHOUT LIMITATION, FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE OMOLY WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS.
d. You also hereby grant each user of the Omoly Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Omoly Website.
e. You understand and agree that whether or not any of your User Submissions is published, Omoly does not guarantee any confidentiality with respect to any such User Submissions, and you further acknowledge and agree that Omoly has no duty or responsibility of any kind to enforce or protect any copyright or other proprietary rights that you may have in or to any of your User Submissions.
f. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (i) SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT OMOLY ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE OMOLY OR ANY THIRD PARTY; (iii) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, PORNOGRAPHIC, DEFAMATORY, LIBELOUS, THREATENING, HARASSING, ETHNICALLY OR RACIALLY OFFENSIVE, OR HATEFUL, OR THAT ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE; (iv) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; OR (v) IMPERSONATE ANOTHER PERSON.
g. You also acknowledge and agree that Omoly does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Omoly expressly disclaims any and all liability in connection with any User Submissions.
h. Omoly does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Omoly will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Omoly reserves the right to remove Content and User Submissions without prior notice and without liability or obligations of any kind. Omoly will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Omoly also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Omoly may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that was allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Omoly's designated Copyright Agent to receive notifications of claimed infringement is: Kenneth D. Lee, 1871 The Alameda, Suite 331, San Jose, California; email: copyright@Omoly.com, telephone: (408) 248-4488, fax: (408) 248-8181. For clarity, only DMCA notices should go to the Copyright Agent; all other feedback, comments, requests for technical support, and other communications should be directed to Omoly customer service through http://www.Omoly.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. General Disclaimer.
You understand that when using the Omoly Website, you will be exposed to User Submissions from a variety of sources, and that Omoly is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Omoly with respect thereto, and agree to indemnify and hold Omoly, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
9. Warranty Disclaimer.
YOU AGREE THAT YOUR USE OF THE OMOLY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OMOLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OMOLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OMOLY WEBSITE. OMOLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OMOLY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OMOLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability.
IN NO EVENT SHALL OMOLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OMOLY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OMOLY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. No Representations or Warranties.
The Website is controlled and offered by Omoly from its facilities in the United States of America. Omoly makes no representations that the Omoly Website is appropriate or available for use in other locations. Those who access or use the Omoly Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. YOU HEREBY ACKNOWLEDGE AND AGREE THAT OMOLY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN PERSONS THAT MAY OCCUR ON OR ARISE IN CONNECTION WITH THE WEBSITE, AND OMOLY HAS NO CONTROL OVER AND DOES NOT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES OF ANY KIND OR NATURE ABOUT THE QUALITY, SAFETY, OR LEGALITY OF ANY ANY ADVERTISED SERVICES OR PRODUCTS, THE TRUTH OR ACCURACY OF ANY LISTINGS, THE ABILITY OF SELLERS TO SELL OR PROVIDE SERVICES, THE ABILITY OF BUYERS TO PAY FOR SERVICES, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
12. Indemnity.
You agree to defend, indemnify and hold harmless Omoly, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Omoly Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Omoly Website.
13. Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and 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. In any case, you affirm that you are over the age of 13, as the Omoly Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Omoly Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
14. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Omoly without restriction.
15. General. You agree that: (i) the Omoly Website shall be deemed solely based in California; and (ii) the Omoly Website shall be deemed a passive website that does not give rise to personal jurisdiction over Omoly, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Omoly that arises in whole or in part from the Omoly Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Use, together with the Privacy Notice, and any other legal notices published by Omoly on the Website, shall constitute the entire agreement between you and Omoly concerning the Omoly Website. 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 this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Omoly's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Omoly reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Omoly Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND OMOLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OMOLY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
