Welcome to the OMG WORLD FOUNDATION LLC. and affiliates ("OMG, we, us, or our") website(s) (“Site” (as defined below)), or mobile or handheld device application (“Mobile App(s)” (as defined below)). The Terms of Use (“Policy”) is an agreement between OMG and the user ("you, your, user, or Associate"), and sets forth the legal terms and conditions governing your use of this Site or Mobile App and purchase/or use of our goods, or services.

 

Your use of the Site, or Mobile App, and all information, data, text, software, information, images, sounds or other materials contained therein confirms your unconditional assent to be bound by this Policy and is subject to your continued compliance with the terms and conditions of this Policy.

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Furthermore, you agree to indemnify, compensate, and hold harmless, OMG from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site or Mobile App in violation of this Policy. If you do not agree to be bound by the terms and conditions of this Policy, do not access or otherwise use the Site, or Mobile App.

 

Definitions

“Site” means any and all OMG developed websites.

“Mobile App(s)” means the software provided by OMG to offer services related to the sales and marketing of OMG products and services, or OMG’s partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the mobile or handheld device application.

 

Applicable Laws

The laws of United States apply, and any claim relating to, and the use of, the Site, or Mobile App are governed by the laws of United States, without giving effect to any principles of conflicts of laws. OMG makes no representation that materials on the Site, or Mobile App are appropriate or available for use outside of the United States.

 

Severability, Enforcement

If any provision of this, or our Mobile App or Privacy Policy (collectively referred to as “Policies”), is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of our Policies, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability described herein are considered by the parties to be integral to this Policy and shall not be modified or severed.

 

Lawful Purposes Only

This Site and Mobile App may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the Site, or Mobile App in violation of OMG Independent Associate Policies and Procedures. You may not falsely advertise, make inappropriate claims, provide obscenity, or create spam using the Site or Mobile App in any way.

 

Spam includes 1) sending unsolicited e-mail messages or web addresses to online users, 2) posting messages that contain the Site or Mobile App address in newsgroups that are unrelated to our products and services, or 3) creating false advertising. You may not gain any illegal or unauthorized access to information or other computers or networks from the Site or Mobile App.

 

You may not assist or permit any person to engage in any named violations.

Those who choose to access the Site or Mobile App do so on their own initiative and are responsible for compliance with applicable local laws, including any and all laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.

 

Website Content

All Site or Mobile App content is the property of OMG or is controlled or licensed to OMG, and protected under applicable copyright, or trademark laws. You may not, without our prior written permission, use marks, images, copies, illustrations, designs, photographs, video clips, or frame or mirror any material contained on this Site or Web App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.

 

Eligibility

You represent and warrant that you are the age of majority in your jurisdiction or older, or if you are under the age of majority, you are at least the age of eighteen (18) and are accessing the Site, or Mobile App with the knowledge and consent, who will also be deemed to have agreed to this Policy. Certain features on this Site, or Mobile App (including, but not limited to, user registration) and certain offerings may be subject to heightened age and/or other eligibility requirements.