~ OMNI Intellectual Properties ~ Terms & Conditions ~ 
~ Bylaws and Governing Policies ~
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By using this website you have agreed to the "Terms, Conditions and Bylaws" set forth by “Omni Intellectual Properties". These Terms and Conditions ("Agreement") is a legal agreement between you and “Omni Intellectual Properties". This document explains how the Agreement is made up and sets out some of the terms of that Agreement.  Your use of “Omni Intellectual Properties", digital services, software, products, website and linked websites referred to collectively as the "Services" is subject to the terms of this agreement. The basis of this agreement in short is to protect any "illegal downloading" or "deep linking" of our Intellectual Property data, software, products, or website and you, therefore, are expressly stating that you understand these terms and conditions and are agreeing to such terms of service. As you can see within the “Terms Agreement” it basically covers our Copyrights and Trademarks and assures us there will be no duplicating, copying, or reproduction of any kind whatsoever without expressed consent in writing other than your original download. Any unauthorized duplication or downloading is strictly forbidden and will be prosecuted to the fullest extent allowed by law as advised by our Intellectual Property Firms policing infringement[s].
All rights reserved.
 

Accepting the Terms        

You may not use the Services and may not accept the Agreement if you are not of legal age to form a binding contract with “Omni Intellectual Properties" and its subsidiaries.  You may also not accept the Agreement if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services

Language

You agree that the English version of this Agreement takes precedence over any translation and that any such translation is only provided as a convenience only.

Service Provisioning

“Omni Intellectual Properties" is constantly innovating in order to provide the best products and services to its users.  You acknowledge and accept that the form and nature of the Services may provide and change from time to time without prior notice to you. “Omni Intellectual Properties" may also stop permanently or temporarily providing the Services or any aspect of the Services to you or users at “Omni Intellectual Properties" sole discretion and without prior notice to you.  You have the right to stop using the Services at any time, and you are not required to inform “Omni Intellectual Properties" when you cease to use the Services.

You acknowledge and accept that if “Omni Intellectual Properties" ceases to provide the Services, any aspect of the Services, or disables your account for those of private members, you may be unable to access the Services, your account, or any content which is contained in your account.  You acknowledge and accept that “Omni Intellectual Properties" may impose limits to the number of transmissions that you may send or receive or the amount of data you can store using the Services.  Such limits may be set by “Omni Intellectual Properties".

Use of the Services

You may be required to provide information about yourself, such as but not limited to identification or contact details as part of the use of the Services.  You agree that any information you provide “Omni Intellectual Properties" will be accurate, correct, and kept up to date.

You agree not to access or attempt to access the Services by any other means than through the interface provided by “Omni Intellectual Properties" or its subsidiaries.  You furthermore agree not to access or attempt to access the Services using automated means and shall ensure that you comply with any instructions regarding access to the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services, or network, or other infrastructure that are connected to the Service. You will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You acknowledge and accept that you are solely responsible for (and that “Omni Intellectual Properties" has no responsibility to you or any third party for) any breach of your obligations under the Agreement and any consequences including but not limited to any loss or damage suffered by “Omni Intellectual Properties" due to any such breach.

Confidentiality and Security

You acknowledge and accept that you are responsible for maintaining the confidentiality of passwords or other authentication criteria ("passwords") associated with any account that you use to access the Services.

You also acknowledge and accept that you are accordingly solely responsible to “Omni Intellectual Properties" for all activities that occur under your account. If you become aware of any unauthorized use of your account or passwords, you agree to notify “Omni Intellectual Properties" immediately at Omniip.com@gmail.com.

Information We Collect

In order to provide “Omni Intellectual Properties" Services, “Omni Intellectual Properties" may collect the following types of information: Browser Information - when you use “Omni Intellectual Properties" services, our servers may collect information that your server sends whenever you visit a website. This information may include data such as the web request, internet protocol address, browser type, language, date, and time.

Mobile Applications - when you use “Omni Intellectual Properties" mobile applications, it may collect information regarding the devices we may be running on, such as but not limited to device and hardware IDs, device type, carrier, location information such as GPS data.

Content

You acknowledge that all information or data such as but not limited to written text, software, images, or videos that are accessible through the use of the Services are the sole responsibility of the person from which such "Content" originated.  Such information is referred to collectively as "Content".

You furthermore acknowledge that Content accessed through the use of the Services may be protected by intellectual property rights which are owned by the providers of that Content to “Omni Intellectual Properties" or by other persons or companies who provided the Content on behalf of the rights owners.  You may not modify, distribute or create derivative works based upon this content unless you have been specifically instructed that you may do so in a separate agreement. 
“Omni Intellectual Properties" reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Services.

You acknowledge and accept that through the use of the Services you may be exposed to Content that you may find objectionable and that in this respect you use the Services at your own risk.

You furthermore acknowledge that you are solely responsible for and that “Omni Intellectual Properties" has no responsibility to you or to any third party for any Content that you create, submit, or display during the use of the Services.  You also acknowledge and accept that you are solely responsible for the consequences of your actions in regards to such Content including any loss or damage that “Omni Intellectual Properties" may suffer due to such actions.

Content License

You retain any rights that you already hold in Content that you submit, post, or display on or through the Services.  By submitting, posting, or displaying the Content you give “Omni Intellectual Properties" a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content that you provide “Omni Intellectual Properties" through the use of the Services.

You acknowledge and accept that the license granted “Omni Intellectual Properties" for Content by you includes a right for “Omni Intellectual Properties" to make such Content available to other users of the Services may they be companies, organizations, or individuals with whom “Omni Intellectual Properties" has relationships.  You furthermore acknowledge and accept that “Omni Intellectual Properties" may 1) transmit your Content over various public or private networks and to various devices and 2) that “Omni Intellectual Properties" may make changes to your content to adapt said Content to meet the technical requirements of said networks or devices. You confirm and warrant to “Omni Intellectual Properties" that you have all the rights, power, and authority necessary to grant “Omni Intellectual Properties" the above license.

Intellectual Proprietary Rights

You acknowledge and accept that “Omni Intellectual Properties" owns all legal rights, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  You furthermore acknowledge that the Services may contain Confidential information as designated by “Omni Intellectual Properties" and that you shall not disclose such information without“Omni Intellectual Properties"
prior written consent.

Nothing in the Agreement gives you a right to use any of “Omni Intellectual Properties" trade names, trademarks, service marks, logos, domain names, and other distinctive brand features unless otherwise agreed to in writing with “Omni Intellectual Properties".

Other than the limited license granted to “Omni Intellectual Properties" by submitted Content to the Services, “Omni Intellectual Properties" acknowledges that it obtains no right, title, or interest from you under this Agreement to any Content that you submit, post, or display on or through the Services.  You acknowledge and accept that you have the sole responsibility for protecting and enforcing any rights associated with content that is submitted to the Services and that “Omni Intellectual Properties" has no obligation to do so on your behalf.

You acknowledge and accept that you shall not remove or obscure or alter any proprietary rights notices contained within the Services.  You furthermore agree that in using the Services you shall not use any trademark, service mark, trade name, or logo of any company or organization that is likely or intended to cause confusion about the owner or authorized user of such proprietary information.

License of Services

“Omni Intellectual Properties" gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software we provided to you as part of the Services provided to you “Omni Intellectual Properties".  This license is solely for the purpose of enabling you to use and enjoy the benefit of the Services provided by “Omni Intellectual Properties", in a manner permitted by the Agreement.  Unless given specific written permission by “Omni Intellectual Properties" to do so you may not assign or grant a sub-license of your rights to use the Services, or in any other way transfer any part or all of your rights to use the Services.

You acknowledge and agree that you may not and may not permit or assist anyone else in the copying, modifying, creating of a derivative work, reverse engineering, or extracting of source code of the Services, unless expressly permitted or required by law to so.

Services Updates

The Services and associated software which you use may automatically download and install updates periodically from “Omni Intellectual Properties".  These updates are designed to improve, and enhance the Services and may take the form of enhanced features, new features, and bug fixes.  You agree to receive such updates and permit “Omni Intellectual Properties" to deliver such updates to you as part of your continued use of the Services.

Termination of relationship with “Omni Intellectual Properties"

If you are using an “Omni Intellectual Properties" app or software the Agreement will continue to apply until terminated by either “Omni Intellectual Properties" or you as set out below.

If you want to terminate your legal Agreement with “Omni Intellectual Properties" you may do so by 1) notifying “Omni Intellectual Properties" 2) closing your account 3) ceasing to use the Services.  Your notice shall be sent, in writing, to the “Omni Intellectual Properties" address that is set out at the beginning of this Agreement.

“Omni Intellectual Properties" may at any time, terminate its legal agreement with you if:

1. You have breached any provision of the Agreement, or have acted in any manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement; or
2.“Omni Intellectual Properties" is required to do so by law; or
3.“Omni Intellectual Properties" is no longer providing the Services to users in the country in which you are a resident or from which you use the Services; or
4. providing the Services to you by “Omni Intellectual Properties", in “Omni Intellectual Properties" sole opinion, is no longer commercially viable.

In no way does this section limit or in other ways affect “Omni Intellectual Properties" rights regarding the provisioning of Services under the Services Provisioning section of this Agreement.

When this Agreement comes to an end, all of the legal rights and obligations and liabilities that “Omni Intellectual Properties" and you have benefited from or been subject to or which are expressed to continue indefinitely shall be unaffected by the termination of the Agreement.  Specifically but not limited to the provisions under the Location of Governing Jurisdiction shall continue to apply to any such rights, obligations, and liabilities indefinitely.
 

EXCLUSION OF WARRANTIES

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT "OMNI INTELLECTUAL PROPERTIES" WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

 

IN PARTICULAR, “Omni Intellectual Properties", ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

        1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

        2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,

        3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

        4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "OMNI INTELLECTUAL PROPERTIES" OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

“Omni Intellectual Properties" FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO THE OVERALL PROVISIONS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT "OMNI INTELLECTUAL PROPERTIES", ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

        1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

        2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

            i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

            ii) ANY CHANGES WHICH “Omni Intellectual Properties" MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

            iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

            iv) YOUR FAILURE TO PROVIDE “Omni Intellectual Properties" WITH ACCURATE ACCOUNT INFORMATION;

 

            v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

 

THE LIMITATIONS ON “Omni Intellectual Properties" LIABILITY TO YOU IN PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT “Omni Intellectual Properties" HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements.  These advertisements are provided to “Omni Intellectual Properties" by third parties, and as such is the sole responsibility of the third party providing the advertising service providers.  In consideration for providing you the Services you acknowledge and accept “Omni Intellectual Properties" rights to place such advertisements on the Services.

External Content

The Services may contain hyperlinks to other websites or content or resources collectively referred to as External Content.  You acknowledge and accept that “Omni Intellectual Properties" is not responsible for the availability of such External Content nor the information contained in that External Content, nor does “Omni Intellectual Properties" endorse any External Content.  You furthermore acknowledge and accept that “Omni Intellectual Properties" is not liable for any loss or damage which may be incurred by you as a result of External Content.

Changes to Agreement

You acknowledge and accept that “Omni Intellectual Properties" may make changes to the Agreement from time to time.  When such changes are made “Omni Intellectual Properties" will make a new version available on the website at www.Omniip.com.  You furthermore acknowledge and accept that if you use the Services after the date upon which the Agreement has changed, your use will constitute an acceptance of the Changes to Agreement.
 

General Terms

Through the use of the Services, you may use a service or download software or purchase goods ("Other Services") which are provided by a third party.  Your use of these Other Services may be subject to a separate agreement between you and the third party involved.  If so, this Agreement does not affect your legal relationship with a said third party.

This Agreement constitutes the whole legal agreement between you and “Omni Intellectual Properties" and governs your use of the Services.  You acknowledge and accept that “Omni Intellectual Properties" may provide you with notices (but in no way is obligated to), including changes to the Agreement, by email, regular mail, or displayed through the Services.

You acknowledge and accept that if “Omni Intellectual Properties" does not exercise or enforce any legal right or remedy under this Agreement or which “Omni Intellectual Properties" has the right to under any applicable law, this will not be taken as a waiver of “Omni Intellectual Properties" rights and that those rights will still be available to “Omni Intellectual Properties".

If our governing court of law, having jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision shall be removed from the Agreement without affecting the rest of the Agreement.  The remaining portions of the Agreement will continue to be valid and enforceable. 
 

Location of Governing Jurisdiction

The Agreement and your relationship with “Omni Intellectual Properties" under the Agreement shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions.  You and “Omni Intellectual Properties" agree to submit to the exclusive jurisdiction of the courts located within the county of Tulsa, Oklahoma, United States to resolve any legal matter arising from the Agreement.  Notwithstanding this, you agree that “Omni Intellectual Properties" shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. By using this website and/or purchasing and downloading our digital data or software, you are expressly stating you have read and understood these terms and are agreeing to such terms. As you can see within the “Terms Agreement” is basically covers our Copyrights and assures us there will be no duplicating, copying, or reproduction of any kind.
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