Terms of Service
Last Updated: February 1, 2015
omnummy provides, through an application for mobile devices (“Application”), an online venue to connect sellers and buyers who comply with omnummy’s policies to offer, sell and buy certain meals or food items within a fixed-price format (“Transactions”). omnummy is not directly involved in any Transaction between sellers and buyers, and therefore omnummy has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. omnummy cannot ensure that a seller or buyer will actually complete a Transaction.
Consequently, omnummy does not transfer legal ownership of items from the seller to the buyer.
omnummy has no control over the conduct of any sellers, buyers or any other user and disclaims all liability in this regard. Sellers and buyers are encouraged to carefully and thoroughly examine and check with their respective buyers and sellers all necessary details related to their Transactions prior to carrying out the Transaction.
The terms and conditions below are applicable to the Application, omnummy.com (the “Website”), and any interactive features, services, and communications provided by omnummy through the Application or the Website (“Services”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Drakonchi LLC (collectively, “omnummy” or “we”, “us”, or “our”). BY USING THE SERVICES, YOU AGREE TO SUCH TERMS AND CONDITIONS, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT CHANGE OR TERMINATE ALL OR ANY PART OF THE SERVICES AT ANY TIME, AS WELL AS TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS AND CONDITIONS WILL APPLY RETROACTIVELY.
1. Apple Disclaimer. The following paragraph applies to any version of the Application that you acquire from the Apple App Store. This Agreement is entered into between You and omnummy. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. omnummy, not Apple, is solely responsible for the Applications and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
2. License to Services. omnummy grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Services, or their content on the corresponding platforms and not to modify all or any portion of the Services and their content. This license does not include any resale or commercial use (other than to facilitate Transactions) of the Services or their contents; any collection and use of any images or third party content on the Services; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose (other than Transactions) without omnummy’s express written consent. You will not access or attempt to access content on the Services through any interface except for the publicly provided interfaces provided by omnummy. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of omnummy, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
3. Copyright and Ownership. All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by omnummy, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the Services or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Services for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of omnummy or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Services.
4. Trademarks/No Endorsement. All trademarks, service marks and trade names of omnummy used herein (including but not limited to: Drakonchi name, Drakonchi corporate logo, the Application name, the Application design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of omnummy or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify omnummy trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without omnummy's prior written consent. The use of omnummy trademarks on any other web site or network computer environment is not allowed. omnummy prohibits the use of omnummy trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use omnummy’s name or any language, pictures or symbols which could, in omnummy’s judgment, imply omnummy’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Services' registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or omnummy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, omnummy has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook and Twitter. These third party services are unrelated to the Services, and your login using such third party registration information and use of such third party services is subject to the terms and policies of those services.
6. User Submissions. You retain all your rights to any Content (e.g. listings, photographs, etc.) that you create, submit or share using the Services (“User Submissions”). By providing User Submissions to our Application, you do expressly grant omnummy a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in your User Submission and your name and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the omnummy Services, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and omnummy shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. If you upload a User Submission to the Services or other third party websites or applications (for example, by sharing your Content on other social media), you also understand that you are giving other users the right to modify, copy, distribute, publicly perform, publicly display, and create derivative works from it. You will not provide any User Submission or use the Services in a way that:
• Provides false, inaccurate or misleading information;
• Is fraudulent or involves the sale of alcohol, illegal, counterfeit or stolen items;
• Contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to recall; or
• Displays images that are not part of a listing other than as part of your personal profile.
7. Inappropriate Material. You are prohibited from using the Services to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Application or the Services or through voice computer systems is expressly prohibited by these terms and conditions. Any such unauthorized use of our computer systems is a violation of these terms and conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. User Submissions do not represent the views of omnummy or any individual associated with omnummy, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, omnummy’s endorsement of user published Content. omnummy does not vouch for the accuracy or credibility of any user published Content on our Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Services. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, you assume all associated risks. By using the Services, you agree to accept such risks and that omnummy (and omnummy's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on omnummy. Please use caution, common sense, and practice safe buying and selling when using omnummy.
8. General Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into these terms and conditions, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and your Use of the Services, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 6; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Services and these terms and conditions, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of these terms and conditions; (iv) You are not, and have not been an agent of omnummy and were not and are not acting on behalf of, or as a representative of, omnummy or any other party in connection with the User Submission; (v) the User Submission and omnummy’s use thereof as contemplated by these terms and conditions and omnummy will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm omnummy or any third party; (b) Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
9. User Listings.
• Listing Description: By listing an item on the Application you warrant that you and all aspects of the item comply with omnummy's published policies. You also warrant that you may legally sell the item and that the item and your sale of the item are in compliance with all applicable law. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
• Transaction Policies: All sellers are urged to outline Transaction policies for their listing. These policies include, for example: payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Transaction policies must comply with these Terms and Conditions, and any other rules and policies set forth by omnummy. Sellers are responsible for enforcing their own reasonable Transaction policies. omnummy reserves the right to request that a seller modify a Transaction policy.
• Binding Sales: All sales are binding unless a seller otherwise specifies. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance
• Fees; Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Seller may charge reasonable costs and fees, such as shipping, packaging and delivery, except that seller may not charge a delivery fee in the event that: (i) omnummy makes this additional service available through the Services and (ii) seller has engaged omnummy, through an upgraded account or otherwise, to provide this additional service. You may not alter the item's price after a sale for the purpose of avoiding any omnummy fees, misrepresent the item information, or use another user's account without permission
• Order Processing: omnummy may elect to furnish order payment processing in connection with a seller’s upgraded account (if such upgrades are made available by omnummy) or otherwise. In the event that omnummy does furnish such order payment processing, Buyer acknowledges and agrees that such services would be provided subject to Section 14 (Fees) below and that omnummy may (or may allow or direct its third party payment processor), in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances omnummy deems appropriate in its sole discretion. omnummy also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. omnummy will either not charge you or refund the charges for orders that we do not process or cancel.
• Delivery: omnummy may offer delivery services as part of the Services in connection with seller’s upgraded account (if such upgrades are made available by omnummy) or otherwise. If omnummy does offer delivery services in connection with any order, You acknowledge and agree that omnummy may utilize a third party to provide such delivery services and if omnummy does so utilize a third party delivery service, the terms of service of such third party delivery service shall apply and that You shall not hold omnummy liable in any respect for such delivery services. By submitting delivery information through the Services, You agree to the third party delivery provider’s terms of service.
• Refund Policy: You agree that each individual seller’s refund policy (if any) shall apply. in the event that omnummy has furnished payment processing services, omnummy may grant refunds of the associated payment processing fees on a case-by-case basis and at its sole discretion.
• Pricing Information: it is omnummy’s policy that sellers provide accurate pricing information regarding the products and services offered through the Services. omnummy cannot, however, insure against pricing errors. omnummy reserves the right, at our sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Services as a result of an error. If this occurs, omnummy may notify You by email or any other contact information You have provided.
10. Advertising Rights. omnummy reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and omnummy and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate omnummy to sell, license or offer to sell or license any advertising, promotion or distribution rights.
11. Linking to the Services. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on a web site without our prior written permission is prohibited. Any permitted links to the Services must comply will all applicable laws, rule and regulations.
12. Third Party Links. From time to time, the Services may contain links to web sites that are not owned, operated or controlled by omnummy or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Services, you do so entirely at your own risk.
13. Contests, Sweepstakes and Games. From time to time the omnummy will offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
14. Payments Through the Services. In the event that omnummy offers any additional services as part of the Services (such as order processing, delivery or any other upgrade) for which omnummy will charge any fees or collect any sums (whether on its own behalf or on behalf of a seller), You acknowledge and agree that:
• the cost associated with such additional services (such as payment processing and delivery or any other upgrade) will be as set forth on the Services and further terms and conditions may apply in addition to these terms, as posted on the Services;
• omnummy may utilize a third party payment processor to facilitate payment processing, and if omnummy does so utilize a third party payment processor, the terms of service of such third party payment processor shall apply to all information submitted as part of the payment processing.
• You will be required to provide credit card information, account numbers or other information necessary to facilitate payment through the Services. By providing such credit card or account information, You represent that You are the authorized user of such payment method and that such payment method is valid. By submitting your payment method through the Services, You agree to the terms of service of the payment provider. In the event legal action is necessary to collect on balances due, You agree to reimburse omnummy and or its agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses; and
• omnummy may choose to change the fees for the Services, at which point omnummy will give you notice of the change. Such changes are effective immediately. Additionally, omnummy may, at its sole discretion, change some or all of the Services at any time, including but not limited to any Services for which a fee is due. In the event omnummy introduces a new service for which a fee is due, the fee for such service is effective as of the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using omnummy. If omnummy terminates a listing or your account, if you close your account, or if the payment of your omnummy fees cannot be completed for any reason, you remain obligated to pay omnummy for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact omnummy.
15. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
17. DISCLAIMERS. Your use of THE APPLICATION AND/OR THE WEBSITE IS at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER OMNUMMY, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER OMNUMMY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OMNUMMY OR THROUGH THE SERVICES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
18. LIMITATIONS OF LIABILITY. omnummy does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Services, or your downloading of any information or materials from this Services. IN NO EVENT WILL OMNUMMY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSERVICES LINKED TO THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT OMNUMMY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE SELLER OF SUCH PRODUCTS OR SERVICES, IN ACCORDANCE WITH SUCH SELLER’S WARRANTY, OR, IF OMNUMMY OFFERS A RETURN OR REFUND POLICY THROUGH THE SERVICES, TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SERVICES. IN NO EVENT SHALL OMNUMMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
19. Indemnity. You agree to defend, indemnify and hold omnummy and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or the Internet or your placement or transmission of any message or information on this Services by you or your authorized users; (ii) your violation of any term of these terms and conditions, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to omnummy; or (vi) any other party’s access and use of the Services with your username, password or other appropriate security code.
20. Disputes. Should you have a dispute with one or more users, or an outside party, you release omnummy (and omnummy's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. omnummy encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. omnummy, for the benefit of users, may try to help users resolve disputes. omnummy does so in omnummy's sole discretion, and has no obligation to resolve disputes between users or between users and outside parties. To the extent that omnummy attempts to resolve a dispute, omnummy will do so in good faith based solely on omnummy's policies. omnummy will not make judgments regarding legal issues or claims.
21. Termination. You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Services in the event that (a) you breach these terms and conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
22. Force Majeure. Neither omnummy nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. Independent Contractor. You and omnummy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms and conditions.
25. General. Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these terms and conditions will be admissible in judicial and administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms and conditions and all incorporated agreements may be automatically assigned by omnummy in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 6 (License), 20 (Disputes), 18 (Limitation of Liability), and 19 (Indemnity) shall survive any termination or expiration of these terms and conditions.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. omnummy has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. omnummy has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of omnummy or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these terms and conditions. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Drakonchi LLC/omnummy, 15600 NE 8th St, Suite B1 #818, Bellevue WA 98008, USA.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
26. Entire Agreement. These terms and conditions are the entire agreement between the user and omnummy and supersede any prior understandings or agreements (written or oral).
27. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at email@example.com.
28. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2015, Drakonchi, LLC or its licensors. ALL RIGHTS RESERVED.
What Information About Me Is Collected and Stored?
We collect two basic types of information from you in conjunction with your use of the Application, personal information and non-personal information. Personal information is information that you may supply to us, as described more fully below, i.e., when you create an account. Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, pictures, credit card, billing and contact information. Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Application and the Internet.
There are a number of circumstances in which you may supply us with your personal information. The following lists the most common ways in which we may collect your personal information.
• Registration for an account on the Application
• Submitting or responding to an offer on the Application
• Profile information that You provide for Your user profile
• Participation in surveys, promotions, contests, and/or sweepstakes offered by omnummy
• Sign up to receive alerts or other information via email, text or instant message from omnummy
• Request for customer service or other assistance
• Application related communications, e.g. account verification; technical notification
• Submission of content or other data and information on any part of the Application that permits it
• Any other place on the Application or communications to omnummy where you knowingly volunteer personal information
In addition, when you interact with the Application, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Application (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:
• Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information
• Device information about your computer, browser, mobile device, or other device that you use to access the Application. This information may include IP address, geolocation information, unique device identifiers, and other transactional information
• Analytics and usage information about your use of the Application
• Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, and • access times
• Other information regarding your use of the Application
Collection of Your Source IP Address/Location Information
We will collect and store location information about you on the Application and associated with your account that you volunteer on the Application or enable through the Application or your device. We will not collect any location information that you do not volunteer or enable. If you wish to delete any location information that we have collected, we can accommodate this request by deleting your entire user account. We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Application.
Collection of Personal Information From or Through Social Media Sites or Using Your Social Media Logon
When you interact with any omnummy page or account on a social media platform, such as Facebook, Instagram, Vimeo and Twitter, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” If you connect to the Application using your social media credentials, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through your account, including your name, profile picture, country, hometown, e-mail address, date of birth, gender, friends’ names and profile pictures and networks. However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms.
Collection of Personal and Non-Personal Information From Other Sources
We also may collect and store information about you that we receive from other sources (including by us from our offline interactions with you and referrals made to us through social media, text message and email) to, among other things, enable us to update and correct the information contained in our database and to better customize your experience on the Application.
Collection of Personal and Non-Personal Information Through Surveys, Sweepstakes and Promotions
Is Personal Information Collected From Children?
Unless otherwise disclosed during collection and with parent or guardian consent (for instance, in some of the educational areas on our Sites), omnummy does not knowingly collect personal identifiable information from children under 18 years of age. If you are under 18 years of age you should not provide personally identifiable information to omnummy without providing us with consent from your parents. If omnummy discovers that a child under the age of 18 has provided omnummy with personally identifiable information and we do not have parental consent, omnummy will immediately delete that child’s information from the Application.
How Do We Use Your Information?
We use the information we learn from you to help us personalize and continually improve your experience on the Application. We may use your Personal and Non-Personal Information in the following ways:
• Upload your content to our Application as you request
• Communicate with you about your account (including service related announcements) or transactions with other users and send you information about features and enhancements on our Application
• Communicate with you about changes to our policies
• Communicate with you about your comment to a community
• Personalize content and experiences on our Application, including providing you reports, recommendations and feedback based on your preferences
• Optimize or improve our products, services and operations
• Automatically update the Application on your device
• Detect, investigate, and prevent activities that may violate our policies or be illegal
• Perform statistical, demographic, and marketing analyses of users of the Application
• Other uses for which you have provided your explicit consent (i.e. displaying for other users of the Application)
Use of Your Location Information
Specifically, we use your location information to:
Personalize content on our Application, including providing you reports, recommendations and feedback based on your preferences
Optimize or improve our products, services and operations
Detect, investigate, and prevent activities that may violate our policies or be illegal
Perform statistical, demographic, and marketing analyses of users of the Application and their purchasing patterns
Who Do We Provide Your Information To?
We have or may elect to utilize third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, payment processing, push notifications, storage, bandwidth, content management tools, analytics, customer service, delivery, etc. These entities have or would have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are or would be restricted from using, selling, distributing or altering this data in any way other than to provide the requested services for the Application.
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Application; (b) protect and defend our rights or property, the Application or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Application or the public. This includes exchanging information with other companies and organizations for fraud protection.
omnummy E-mail and Text Communications
We may send, or allow to be sent through Us, e-mail communications and text messages designed to make Your omnummy experience more efficient. By using the Application, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. omnummy reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Application.
What Steps Are Taken To Keep Personal Information Secure?
We are concerned about ensuring the security of your Personal Information. We exercise great care in providing secure transmission of your information from your device to our servers. Personal Information collected by our Application is stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you. Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
How Long Do We Keep Your Information?
Following termination or deactivation of your account, omnummy, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about termination or deactivation of your account, please contact us directly at firstname.lastname@example.org.
Changes to This Policy
How Do I Opt-Out or Correct Information About Me
You may always opt-out of receiving future e-mail messages and newsletters from omnummy. We provide you with the opportunity to opt-out of receiving email communications and newsletters by following the “unsubscribe” directions set forth in such communications. Please note, however, that you generally cannot opt-out of service related announcements, e.g. if the Application is temporarily suspended or if delivery of a product or service is delayed.
Your California Privacy Rights
California Civil Code Section 1798.83 permits customers of omnummy who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com. The Application does not honor or respond to your browser’s do-not-track signals (or other commercially available mechanisms that provide you with the ability to exercise choice regarding the collection of Personal Information).