OmeTV

Terms Of Service

  1. Introduction

    1. This document, which may also be referred to as "Terms of Service", "Terms", "User Agreement", or "Agreement" throughout, is a legally binding agreement between individuals, businesses, and organizations (collectively referred to as "Users") and OmeTV, including both the website located at ome.tv (referred to hereafter as the "Website" or "Web-site") and the OmeTV mobile application (referred to hereafter as the "Application" or "App"). Collectively, the Website and the Application are referred to as the "Service".
    2. The terms "us", "we", and "ours" may also be used to refer to OmeTV throughout, while the terms "you" and "your" may be used to refer to all users of the Service. The terms "Content" and "Contents" are used to refer to any materials made available via the Service.
    3. To access and use the Service and its Contents, you must be of legal age of majority, which means you must be at least 18 (eighteen) years old, or the legal age in your state, country, or locality if it is greater than 18.
    4. By using our Service you agree that you comply with the terms of this Agreement, our Rules and our Privacy Policy. You also confirm that you agree to comply with our Refund Policy available on the Website.

  2. Gaining access to and using the Service

    1. We grant you a nonexclusive non-sub licensable revocable license to access and use our Service strictly in accordance with this Agreement. Your rights under this Agreement are not transferable or assignable and is such transfer shall be void or voidable where appropriate.
    2. This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and us.

    3. We reserve the right to stop (temporarily or for an indefinite period of time) functioning of our Service (e.g. to perform maintenance). We also reserve the right to alternate our Service:

      1. For technical reasons such as issues with our servers, hardware or software malfunctions, hacker attacks, etc.
      2. To perform updates to our hardware or software for the benefit of our Service and/or user experience.
      3. In any case for legitimate reasons such as objections regarding privacy or legitimate objections regarding the Content or maintenance of our Service.
      4. If we decide our Service no longer has commercial reason for continuing operation.
      5. Should any changes of services provided by us occurs.

    4. We do not specifically exclude cases when our Service may be unavailable (temporarily or for an infinite period of time) due to technical or maintenance issues. Our Service is not immune from viruses, hacker attacks, malfunctions of hardware and software, and other unexpected issues that are out of our control. However, we will make every reasonable effort to implement modern, industry-standard, and appropriate technical and organizational measures to prevent or mitigate such incidents.

      1. We do not take responsibility for any issues or harm, including material damage, experienced by Users of our Service due to technical reasons.
      2. We do not take responsibility for any issues or harm experienced by Users of our Service which is caused by Internet or data malfunctions.
      3. We promise to take any feasible actions to resume correct functionality of our Service in the case of any technical or maintenance issues.
    5. All issues and/or costs associated with Internet connections and/or mobile data connection services are the responsibility of the individual User. We advise all Users to clarify the costs of any Internet or data connections before using our Service.

  3. User Content

    1. Users may transmit text, audio (verbal statements) and video information to other Users. By making available any User Content through the Service, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Service and third party services. This includes the use of said Content for commercial purposes.
    2. We does not claim any ownership rights in any such User Content and nothing in these Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content. The copyright for all Contents remain in the possession of the User who has provided them.
    3. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under the terms of this Agreement.
    4. You represent and warrant that neither the User Content nor your broadcasting or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Service or third party services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    5. The copyright to all other Contents, including graphics, UI design, etc., found on our Service belongs to us.

    6. You agree not to provide any User Content that violates terms of this Agreement and our Rules, the rights of other Users, or may be viewed as obscene or offensive to others.

      1. We have zero tolerance towards User Content that contains nudity, sexually suggestive activities, sex acts, sexually explicit material, any depiction or simulation of minors in sexualized or exploitative contexts, any behavior or language suggesting grooming, exploitation, or harassment of minors. Users found to be violating these standards will be permanently banned. We reserve the right to monitor and review reported interactions for the purpose of User safety and legal compliance, and to report any violations to appropriate authorities where required.
      2. You should never provide Us or share through our Service sexual Сontent or Content that involves anyone under 18.
    7. You agree not to transmit any Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
    8. You agree not to promote, advertise, or offer any type of commercial services when using our Service. You agree not to use the Service or Contents for any commercial purpose or the benefit of any third party or in any manner not permitted by these Agreement.

  4. Malicious User activity

    You agree not to do any of the following:

    1. Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
    2. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another User) to protect the Service or Content;
    3. Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers;
    4. Forge any TCP/IP packet header or any part of the header information in any email posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
    5. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
    6. Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
    7. Develop a competing application or Service;
    8. Encourage or enable any other individual to do any of the foregoing.

  5. Paid products or services

    We can offer some paid products or services to our Users, on our Service, including but not limited to, digital goods, digital services and subscriptions.

    1. If you purchase something from us, you also represent and warrant that:

      1. You have read the product or service description and clearly understand it's nature;
      2. Any payment information you supply is true and complete;
      3. Charges incurred by you will be honored by your bank or credit card company;
      4. You will pay the charges incurred by you at the posted prices, including any applicable taxes;
      5. If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
    2. Paid services may not be transferred to third parties.
    3. All payments for paid services on our Service are subject (or not a subject) to refund according to our Refund Policy available on our Website.
    4. If you believe that the nature of the product or service is not clear enough to you, please do not purchase it and do not hesitate to contact us before making a purchase.

  6. External URLs

    1. We reserve the right to place links to external websites, Internet resources and third party goods on our Service.
    2. We attempt to provide links to respected third party resources only, however, we do not accept responsibility or liability for the content on third party websites, the security of your personal information privacy on such sites, or any actions you may take on external websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of external websites or resources as well as for the content, products, or services on or available from such websites or resources.

  7. Linking and embedding

    1. You may include links to the Service (including both the Website and the Application) on third-party websites or applications, provided that such links do not misrepresent your relationship with the Service, imply any form of endorsement or sponsorship by us without prior written permission, or violate any applicable laws or this Agreement.
    2. Embedding any part of the Service (such as interfaces or functionalities) into other websites, applications, or services is strictly prohibited without our explicit prior written consent. Unauthorized embedding or framing of the Service may lead to legal action and the termination of your access rights.
    3. We reserve the right to request the removal of any links or embedded elements that we deem inappropriate, misleading, or otherwise in violation of terms of this Agreement.
    4. You agree not to use linking or embedding mechanisms in a way that interferes with or disrupts the operation, design, or security of the Service, or that may harm our Users, our reputation or infringe upon our intellectual property rights.

  8. Termination of access

    1. Any User who violates the terms of this Agreement or our Rules, or provides or distributes Contents as lined out in terms of this Agreement, may have access to our Service limited without any notice or obligation (financial or other) including the right for us to use any software, technical, legal, and other means to ensure these terms are met (including, without any limitations, blocking certain IP addresses).
    2. We attempt to notify all Users about any such restrictions, however, are not under obligation to do so.
    3. For temporary access limitations the limitation period are determined by us and may be changed from time to time. You agree that we shall not be liable to you and other Users for any change of ban periods for any kind of violation.
    4. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification survive any termination of this Agreement or any termination of your use of our Service.

  9. Abuses and complaints

    1. Any incidents of abuse, violations of this Agreement or our Rules, and/or improper use of your copyright by other Users may be reported via Report/Complaint features, email addresses, contact forms, and other methods of contact as presented on our Service.
    2. Users who attempt to resolve any disputes with other Users of our Service by violating terms of this Agreement, our Rules or Privacy Policy, and/or by taking illegal actions such as inappropriate remarks to other Users are liable to have their access to our Service limited on a temporary or permanent basis.
    3. If you'd like to report a piece of Content belonging to someone under the age permitted by this Agreement, please use Report/Complaint features available on our Service or contact us by contact@ome.tv.

  10. Limitation of liability

    1. We are not responsible for any actions taken by our Users while on our Service or for any of the Contents provided by them.
    2. We do not accept any liability resulting from the use of our Service, including liability resulting from lawsuits, penalties, claims, damages, obligations, expenses of any nature and type including direct, indirect, occasional, penalties, and/or losses caused by negligence, service interruption, loss of data, hardware damage due to virus attacks, loss of income, loss of opportunity, waste of office time, breaching of a contract, third party claims, or any other losses that may have been foreseen as those which may be caused due to or during the use of our Service. This liability limitation covers, but is not limited to, transmission of any software or viruses that may harm your hardware, cause malfunctions of mechanical or electrical hardware or of communication lines, other connection issues (such as impossibility of Internet access), unauthorized access, stealing, injury, property damage, operator errors, strikes or force majeure, including, but not limited to liability for loss of income, profits or contracts loss, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.
    3. You agree to protect us and our employees from any and all claims of third parties and any losses and costs incurred from claims resulting from your personal actions while using our Service or due to Content provided by you.

  11. Amendments

    We reserve the right, without any prior notification to you, to amend or change this Agreement, our Rules, Privacy Policy or Refund Policy.

    1. The most recent and up to date copies of the above documents are published on our Website.
    2. Any amendments become active and valid from the moment the amended text is updated on the respective page on our Website.
    3. In some instances we may notify Users of amendments to documents, however, it is the responsibility of the User to regularly check the respective pages for updates.
    4. Should you disagree with any terms outlined in this Agreement, you should stop using our Service with immediate effect. Continuing to use our Service after any amendments come into effect indicate you agree with all changes and the amended terms of this Agreement.