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OmniStrat® Terms of Service
Your use of OmniStrat (the "Service") and OmniStrat.com (the "Site"), operated by OmniStrat Inc. ("OmniStrat"), are subject to the binding legal terms set forth by the following terms and conditions ("Terms of Service"). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.
OmniStrat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. OmniStrat may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination for Cause
Violation of any of the terms below, breach of any payment obligations, or unauthorized use of the Service will result in suspension or termination of your account or use of the Service. You agree that OmniStrat has no obligation to retain data entered by you into the Service and may delete such data if you have violate any of the terms below or fail to pay outstanding fees.
- You warrant that you are 13 years of age or older
- You warrant that you are a human, and not a computer service or automated "bot"
- You warrant that you have provided accurate and valid information requested during the sign up process, including your full legal name and a valid email
- You agree to be responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify OmniStrat of any unauthorized uses of your account or any other breaches of security.
- You warrant that your personal login, and personal logins of all users with access to your account, represent and are used only by one person each. You may not use one login for several different people.
- You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
- You are prohibited from violating, or attempting to violate, the security of the Service. Any violations may result in criminal and civil liabilities to you. OmniStrat will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Service include, without limitation, intentionally accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, attempting to interfere with service to any user, host, or any attempt to obtain services or products to which you are not entitled.
- Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; encourage conduct that would constitute a criminal offense or give rise to civil liability; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful Site to imply association with OmniStrat or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any OmniStrat customer, employee, member, or officer. Any of these actions will result in immediate account termination and possible criminal or civil liabilities to you.
- You understand that OmniStrat uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by OmniStrat, we reserve the right to limit your bandwidth to the Service.
Terms, Billing, Plans, and Renewal
- A valid credit card is required for monthly billing account plans. Account plans with annual billing or longer have the option of payment via a valid credit card or by check/wired funds. You need to contact us to arrange for payment by check/wired funds.
- Users are given free trial of the service when they sign up for a paid account. For paid accounts payment is required before the end of the trial period to keep the account active and preserve any content or data you upload or add to the Service.
- Accounts will be charged for the service on the day they convert from a trial to a paid account.
- All users of an account are required to be on the same payment terms and plan type.
- Account plans adding users within a billing period will be charged for these additional users on the next billing cycle.
- You agree to update your billing information within 30 days of any change to it. If a charge attempt made on your credit card does not succeed, you will be given 14 days to update the billing information before your account is suspended. Failure to update your billing information will result in an indefinite suspension of your account. OmniStrat may permanently terminate any accounts that have been suspended for more than 30 days.
- Within a term billing period, OmniStrat does not provide refunds for partial billing periods in the event of Service cancellation. Since you pay for usage of the service at the beginning of the period, no refunds will be given if you cancel after being charged. Canceling prevents your card from being billed again, but you are responsible for any charges incurred before cancelling.
- Accounts can be canceled at any time on the "Admin Panel" of the Service or by calling (855) 666-4787 and confirming account cancelation by receiving an email from OmniStrat. You are solely responsible for canceling your account by following the instructions provided in the Admin Panel or authorized OmniStrat employee. A request to OmniStrat to cancel your account does not constitute a cancellation, and OmniStrat is not responsible for additional charges that may occur if you do not cancel your account properly.
Service and Pricing Modifications
- OmniStrat reserves the right to modify or remove parts of the Service at any time. OmniStrat will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
- Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from OmniStrat. Such notice may be provided by posting the changes to the Site or the Service itself.
- OmniStrat shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You acknowledges that the Service is licensed to you and that OmniStrat retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without OmniStrat's prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. OmniStrat (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
Rights to Your Data
OmniStrat claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership
Responsibility of Contributors
If you upload templates to the Site, post material to the Site, post links or comments on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, or files. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
Submitting Content to OmniStrat
By submitting Content to OmniStrat for inclusion in the Service, you grant OmniStrat a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Site and its services. If you delete Content, OmniStrat will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, OmniStrat has the right (though not the obligation) to, in OmniStrat’s sole discretion refuse or remove any content that, in OmniStrat’s reasonable opinion, violates any OmniStrat policy or is in any way harmful or objectionable, or terminate or deny access to and use of the Site to any individual or entity for any reason, in OmniStrat’s sole discretion. Content made available through the Site may be used commercially or non-commercially, may be modified, adapted or built upon to.
Responsibility of Site Visitors
OmniStrat has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, OmniStrat does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OmniStrat disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Sites
We have not reviewed, and cannot review, all of the material made available through the Sites and webpages to which OmniStrat.com links, and that link to OmniStrat.com. OmniStrat does not have any control over those Sites and webpages, and is not responsible for their contents or their use. By linking to a Site or webpage, OmniStrat does not represent or imply that it endorses such Site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OmniStrat disclaims any responsibility for any harm resulting from your use of non-OmniStrat Sites and webpages.
Copyright Infringement and DMCA Policy
As OmniStrat asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OmniStrat.com violates your copyright, you are encouraged to notify OmniStrat immediately. OmniStrat will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of OmniStrat or others, OmniStrat may, in its discretion, terminate or deny access to and use of the Site.
OmniStrat is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. OmniStrat assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. OmniStrat is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person's computer related to or resulting from use of the Service.
OmniStrat does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided "as-is" and OmniStrat disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. OmniStrat cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will OmniStrat be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Service, even if OmniStrat has been advised of the possibility of such damages.
Governing Law and Venue
The Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts and the validity, interpretation and effect shall be governed by the laws of Massachusetts applicable to contracts executed and performed wholly therein. The Federal and State courts within Massachusetts shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
You agree to indemnify and hold OmniStrat, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party. This TOS is an adapted version of WordPress.com TOS, shared under the Creative Commons Sharealike licence.