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:
- 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.
7. Revocation or Suspension of Use Privileges
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