Terms & Conditions
This website (the 'Website,' or the 'Site') is provided to you by omnidigitalservices.com ('OMNI Digital Services', 'we' or 'us'). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we may offer through our Site, we have created (i) these Terms and Conditions of Use (the 'Terms') and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information we receive about you, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website, including (i) individuals who create accounts or profiles with us ('Site Registrants'), and (ii) all other visitors to the Site ('Site Visitors'). For your convenience, Section 17 provides a set of definitions used in this Terms of Use.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR REGISTER AS A SITE REGISTRANT. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE, AND PLEASE DO NOT REGISTER AS A SITE REGISTRANT.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on OMNI Digital Services, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively sign up as a Registered User, during the submission process (and from time to time as we may require) you will be prompted to click an 'I Accept' button, which further confirms your agreement to be legally bound by these Terms.
2. Components Of Our Website; Protecting Your Password
Our Website is divided into two, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the 'General Site'); and (ii) those areas that are available only to our Site Registrants (the 'Registration-Only Areas').
In our Registration-Only Areas, we may require you to access them with a password. Please keep in mind that we will treat as 'you' anyone who uses your password to access the Registration-Only Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might 'pretend' to be you with respect to the services and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights
Provided you comply with these Terms and our Privacy Policy, under our intellectual property rights (and under the Use Rights granted in Section 8 (Submitted Content)), you are granted the following rights:
3.1 Access Rights. You are granted the right to access the Website for purposes of (i) learning more about our products and services; (ii) requesting our information, products and services; and (iii) exchanging information via Registration-Only Areas, in accordance with the functionality provided by the Site (collectively, 'Permitted Purposes'). You agree and acknowledge that you are prohibited from using the Website or Site Content for anything other than Permitted Purposes.
3.2 Additional Rights. In addition, you are granted the right to print out a reasonable number of pages from our Website, and circulate to interested parties a copy of these pages, provided that (a) you use - and ensure others with whom you share copies use - the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website.
3.3 Restrictions on Use Purposes. Apart from your express rights under Section 3.1(Access Rights) and Section
3.2 (Additional Rights), you may not use, copy, modify, distribute, or access our Website, or any Site Content that we have made available on the Site.
4. OMNI Digital Services Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, except for the Submitted Content we license from you under Section 8 (Submitted Content), (collectively, 'Site Content'), including all associated intellectual property rights, are the property of OMNI Digital Services and its licensors, and are protected by copyright and other intellectual property laws. OMNI Digital Services uses this Site Content based on its ownership, on licenses from third parties, and on principles of 'fair use.' As between the parties, OMNI Digital Services retains all rights with respect to the Website and Site Content except those expressly granted to you in Section 3 (Grant of Rights), above.
5. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively 'Linked Sites', or 'Links'). OMNI Digital Services has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. OMNI Digital Services does not endorse the content of any Linked Site, nor does OMNI Digital Services warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Submitted Content
For purposes of this Section, the term 'User Content' means information you submit to our Site that does not constitute Personal Information under our Privacy Policy.
8.1 User Content.
If you post User Content to our Website, by electronic mail or otherwise, we will treat the Content as non-confidential and nonproprietary to you. By posting User Content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the Content, without compensation to you and for so long as we deem warranted (collectively, 'Use Rights'). Moreover, in posting this User Content to our Website, you warrant that you have sufficient authority and right to post the Content, and provide these Use Rights.
8.2 Personal Information.
Subject to the limitations set by our Privacy Policy, you grant to us a nonexclusive license to use, distribute, modify, and copy Personal Information about you.
9. Warranty Disclaimer
OMNI Digital Services does not promise that the Website, including any Registration-Only Areas, will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an 'AS IS' and 'AS AVAILABLE' basis. OMNI Digital Services does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. OMNI Digital Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE with respect to the functionality or availability of the site. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL OMNI Digital Services BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR USE OF THE GENERAL SITE, OR (II) YOUR USE OF A PASSWORD-PROTECTED AREA.
11. Indemnity
You agree to defend, indemnify, and hold OMNI Digital Services and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
OMNI Digital Services respects the intellectual property rights of others and requires that its users do the same. If you believe that any Site Content available on the OMNI Digital Services Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a 'Work'), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. ยง512) (the 'DMCA') to respond to such concerns, as follows:
Name:
Address:
Phone:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
13. Additional Terms for Certain Services or Sites
Certain Registration-Only Areas or other services may be subject to additional or different terms and conditions. We will notify you if the Site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Sites or services, if you do not agree with the differing terms and conditions.
14. Modifications to These Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
15. Assignment
These Terms of Service shall not be assignable by you, either in whole or in part. OMNI Digital Services reserves the right to assign its rights and obligations under these Terms.
16. General
These Terms shall be governed in all respects by the laws of the state without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in Rhode Island, in the judicial district that includes Rhode Island. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. OMNI Digital Services's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between OMNI Digital Services and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17. Definitions
17.1 Contact Information. The term 'Contact Information' means the information you provide to us over the Site that would allow us (or others) to identify and contact you, consisting of your name, mailing address, telephone number, email address, and other contact information.
17.2 ' Personal Information' means the information you provide to us over the Site that could reasonably be used to identify you, including your Contact Information and Government-Issued Identification Information (such as a Social Security Number or United States passport number).
17.3 'Privacy Policy' means the Website privacy policy, located at this www.omnidigitalservices.com/privacy-policy.php
17.4 'Terms of Use' or 'Terms' means the Website terms of use, located at this URL.
17.5 'User' or 'user' means either a Site Visitor or a Site Registrant as the case may be.
18. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (OMNI Digital Services Ownership; Reservation of Rights)
Section 8 (Submitted Content) (with respect to Use Rights)
Section 9 (Warranty Disclaimer)
Section 10 (Limitation of Liability)
Section 11 (Indemnity)
Section 15 (Assignment)
Section 16 (General)
Section 18 (Survival)
19. Effective Date
The effective date of these Terms is June 15th, 2019
20. Clicking "I accept" or acknowledging receipt and acceptance of these Terms and Conditions also means you accept, in full, our privacy policy and all terms and stipulations located therein
21. Contact Us
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: support@omnidigitalservices.com
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR REGISTER AS A SITE REGISTRANT. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE, AND PLEASE DO NOT REGISTER AS A SITE REGISTRANT.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on OMNI Digital Services, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively sign up as a Registered User, during the submission process (and from time to time as we may require) you will be prompted to click an 'I Accept' button, which further confirms your agreement to be legally bound by these Terms.
2. Components Of Our Website; Protecting Your Password
Our Website is divided into two, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the 'General Site'); and (ii) those areas that are available only to our Site Registrants (the 'Registration-Only Areas').
In our Registration-Only Areas, we may require you to access them with a password. Please keep in mind that we will treat as 'you' anyone who uses your password to access the Registration-Only Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might 'pretend' to be you with respect to the services and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights
Provided you comply with these Terms and our Privacy Policy, under our intellectual property rights (and under the Use Rights granted in Section 8 (Submitted Content)), you are granted the following rights:
3.1 Access Rights. You are granted the right to access the Website for purposes of (i) learning more about our products and services; (ii) requesting our information, products and services; and (iii) exchanging information via Registration-Only Areas, in accordance with the functionality provided by the Site (collectively, 'Permitted Purposes'). You agree and acknowledge that you are prohibited from using the Website or Site Content for anything other than Permitted Purposes.
3.2 Additional Rights. In addition, you are granted the right to print out a reasonable number of pages from our Website, and circulate to interested parties a copy of these pages, provided that (a) you use - and ensure others with whom you share copies use - the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website.
3.3 Restrictions on Use Purposes. Apart from your express rights under Section 3.1(Access Rights) and Section
3.2 (Additional Rights), you may not use, copy, modify, distribute, or access our Website, or any Site Content that we have made available on the Site.
4. OMNI Digital Services Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, except for the Submitted Content we license from you under Section 8 (Submitted Content), (collectively, 'Site Content'), including all associated intellectual property rights, are the property of OMNI Digital Services and its licensors, and are protected by copyright and other intellectual property laws. OMNI Digital Services uses this Site Content based on its ownership, on licenses from third parties, and on principles of 'fair use.' As between the parties, OMNI Digital Services retains all rights with respect to the Website and Site Content except those expressly granted to you in Section 3 (Grant of Rights), above.
5. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively 'Linked Sites', or 'Links'). OMNI Digital Services has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. OMNI Digital Services does not endorse the content of any Linked Site, nor does OMNI Digital Services warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
- Seek to obtain access to any materials, information or Site Content through 'hacking' or through other means we have not intentionally made available to you through the Website.
- Pretend or falsely claim to be authorized to act on behalf of a third party.
- Submit Personal Information about a third party unless you have obtained the consent of the third party consistent with that required under these Terms and our Privacy Policy.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, unlawfully harassing, or infringing.
- 'Scrape,' 'harvest,' or otherwise employ automated tools to collect Site Content from the Website, beyond the permissions granted in Section 3 (Grant of Rights).
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Submitted Content
For purposes of this Section, the term 'User Content' means information you submit to our Site that does not constitute Personal Information under our Privacy Policy.
8.1 User Content.
If you post User Content to our Website, by electronic mail or otherwise, we will treat the Content as non-confidential and nonproprietary to you. By posting User Content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the Content, without compensation to you and for so long as we deem warranted (collectively, 'Use Rights'). Moreover, in posting this User Content to our Website, you warrant that you have sufficient authority and right to post the Content, and provide these Use Rights.
8.2 Personal Information.
Subject to the limitations set by our Privacy Policy, you grant to us a nonexclusive license to use, distribute, modify, and copy Personal Information about you.
9. Warranty Disclaimer
OMNI Digital Services does not promise that the Website, including any Registration-Only Areas, will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an 'AS IS' and 'AS AVAILABLE' basis. OMNI Digital Services does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. OMNI Digital Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE with respect to the functionality or availability of the site. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL OMNI Digital Services BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR USE OF THE GENERAL SITE, OR (II) YOUR USE OF A PASSWORD-PROTECTED AREA.
11. Indemnity
You agree to defend, indemnify, and hold OMNI Digital Services and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
OMNI Digital Services respects the intellectual property rights of others and requires that its users do the same. If you believe that any Site Content available on the OMNI Digital Services Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a 'Work'), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. ยง512) (the 'DMCA') to respond to such concerns, as follows:
Name:
Address:
Phone:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
13. Additional Terms for Certain Services or Sites
Certain Registration-Only Areas or other services may be subject to additional or different terms and conditions. We will notify you if the Site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Sites or services, if you do not agree with the differing terms and conditions.
14. Modifications to These Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
15. Assignment
These Terms of Service shall not be assignable by you, either in whole or in part. OMNI Digital Services reserves the right to assign its rights and obligations under these Terms.
16. General
These Terms shall be governed in all respects by the laws of the state without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in Rhode Island, in the judicial district that includes Rhode Island. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. OMNI Digital Services's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between OMNI Digital Services and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17. Definitions
17.1 Contact Information. The term 'Contact Information' means the information you provide to us over the Site that would allow us (or others) to identify and contact you, consisting of your name, mailing address, telephone number, email address, and other contact information.
17.2 ' Personal Information' means the information you provide to us over the Site that could reasonably be used to identify you, including your Contact Information and Government-Issued Identification Information (such as a Social Security Number or United States passport number).
17.3 'Privacy Policy' means the Website privacy policy, located at this www.omnidigitalservices.com/privacy-policy.php
17.4 'Terms of Use' or 'Terms' means the Website terms of use, located at this URL.
17.5 'User' or 'user' means either a Site Visitor or a Site Registrant as the case may be.
18. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (OMNI Digital Services Ownership; Reservation of Rights)
Section 8 (Submitted Content) (with respect to Use Rights)
Section 9 (Warranty Disclaimer)
Section 10 (Limitation of Liability)
Section 11 (Indemnity)
Section 15 (Assignment)
Section 16 (General)
Section 18 (Survival)
19. Effective Date
The effective date of these Terms is June 15th, 2019
20. Clicking "I accept" or acknowledging receipt and acceptance of these Terms and Conditions also means you accept, in full, our privacy policy and all terms and stipulations located therein
21. Contact Us
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: support@omnidigitalservices.com
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