Terms of Service ("Terms")
Last updated: March 20, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://omm.ist website (the "Service") operated by Ommist ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Ommist.
Ommist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ommist 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
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.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
Code of Conduct
In using the Ommist Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Ommist Site (unless you are an official Ommist partner or advertiser and have a written agreement with Ommist).
Ommist has the right, but not the obligation, to monitor all conduct on and content submitted to the Ommist Service.
Who May Use the Ommist Service
AGE REQUIREMENT: You must be at least 13 years old to use the Ommist Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Ommist Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Ommist Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Ommist Service. If your child is using the Ommist Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
WARNING: Even if you are old enough to use the Ommist Service and/or have your parent's or guardian's permission, some of the content available within the Ommist Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
License to Use the Ommist Service
Ommist grants you a limited, non-exclusive license to access and use the Ommist Service for your own personal, non-commercial purposes. This includes the right to view content available on the Ommist Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
REGISTRATION: To fully use the Ommist Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Ommist and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: You may use your real name or a nickname. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Ommist Service. If you become aware of an unauthorized access to your account, you must change your password.
Licenses Granted by You
As between you and Ommist, you own all content that you submit to the Ommist Service. You grant Ommist and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Ommist Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Ommist on improving or adding new features to the Ommist Service, Ommist shall have the right to use your suggestions without any compensation to you.
Your Representations and Warrenties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Ommist and grant the licenses set forth above; (ii) Ommist will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Ommist and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Ommist Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Ommist violates any law or infringes any third party right, including any intellectual property or privacy right.
Limitation of Liability
To the fullest extent permitted by law: (i) Ommist shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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, please stop using the Service.
If you have any questions about these Terms, please contact us.