This Terms of Service Agreement (“Agreement”) is between you and Omnis LLC (for the purposes hereof, “Omnis,” “we” or “us”). The Agreement governs your use of our service (the “Omnis Service”), which allows consumers like you to purchase video programs (“Programs”) and subscriptions to video channels from content Artists (“Artists”) through Artist websites and applications that we power.
When you use the Omnis Service by, for example, making a purchase, creating an account with us or an Artist, or using an Artist website or application, you agree to this Agreement. Please note that by accepting this Agreement, you agree to resolve claims between you and Omnis and applicable Artists through binding arbitration.
By creating an account with an Artist, you agree that we and the Artist will have access to your account information and account activities, such as the viewing and purchase of the Artist’s Programs. Artists and us are all subject to our Acceptable Consumer Privacy Practices Policy. Omnis is not responsible for an Artist’s use or disclosure of your data.
The Omnis Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Omnis Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Omnis Services are also not available to any users previously removed from the Omnis Services by Omnis. Finally, the Omnis Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE OMNIS SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE OMNIS SERVICES.
To make a purchase, or view Programs, you may have to create an account with Omnis and the Artist. To create an account, you must provide a valid email address. You represent and warrant that all information you provide is accurate. You are solely responsible for maintaining the security of your account and for all activity that occurs under your account. You must notify us immediately if you suspect any unauthorized access to or use of your account.
Artists may offer the following purchase options through Omnis-branded or Artist-branded websites and applications:
You are responsible for obtaining internet access and a compatible, Internet-connected device to stream and/or download Programs via Artist websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
To make a purchase, you must provide a valid payment method.
Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If an Artist provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by Ommis and/or the applicable Artist.Omnis Service: Subject to the terms hereof, Omnis grants you permission to use the Omnis Service, for the purpose of purchasing and viewing Programs for your personal entertainment. All rights not expressly granted by Omnis are reserved.If you download an Artist application that we power (an “app”) that operates on a third party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Omnis and the platform operator (but without creating any obligation by Omnis), Omnis shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content: To the extent that you submit any content to Omnis, you grant Omnis an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. If you provide any feedback about improving Omnis, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to Omnis does not, and will not, violate any law or any third party’s rights, including any intellectual property rights.
Third Party Rights (Copyright Policy): We take claims of copyright infringement seriously. Any party that believes that its copyrights (or other intellectual property) have been infringed is requested to file a takedown notice pursuant to our Copyright Policy.
In using the Omnis Service, you will not:
This Agreement begins when you first use the Omnis Service. You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.
YOUR USE OF THE OMNIS SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. OMNIS PROVIDES THE OMNIS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARTISTS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
OMNIS AND EACH ARTIST DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, Omnis makes no representations or warranties concerning:
To the maximum extent permitted by law, Omnis, its affiliates, members, managers, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Artists) shall not be liable for (i) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses; (ii) damages relating to any dispute between you and an Artist or other Omnis user; or (iii) damages exceeding the greater of USD $100 or the amounts paid by you to Omnis over the 12 months preceding the filing of your claim. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Omnis (or an Artist) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You shall indemnify, defend, and hold harmless Omnis and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Artists) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third party right; or (iii) any content that you upload or submit to us.
Binding Arbitration with Omnis: You and Omnis agree that any dispute between you and Omnis arising out of or relating to this Agreement or your use of the Omnis Service shall be resolved by BINDING ARBITRATION administered by JAMS.
Binding Arbitration with Artists: To the extent that the Artist has agreed to resolve disputes with consumers through arbitration in its agreements with Omnis, you agree that any dispute with an Artist arising out of or relating to your purchase or viewing of an Artist’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS.
Waiver of Class Action Claims: By agreeing to arbitrate your claims against Omnis and Artists, (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Right to Bring Small Claims Actions: The one exception to the exclusivity of arbitration (whether against Omnis or an Artist) is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.
Arbitration Rules: The arbitration proceeding shall be governed by the then-effective JAMS’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that court may award.
Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Omnis and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
Governing Law: This Agreement shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
No Waiver: The failure of Omnis (or any Artist) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
Interpretation: Headings are provided for convenience and shall not be used to construe the terms hereof.
Assignment: This Agreement is binding on the parties and their successors, heirs, and permitted assigns. This Agreement is not assignable or transferable by you without our prior written consent.
Relationship: The parties are independent contractors as to one another. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Third Parties: No third parties shall have any rights under this Agreement, except that Artists may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.
Force Majeure: Neither Omnis nor any Artist shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; inclement weather including without limitation hurricanes, typhoons or floods; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Omnis Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Omnis Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.Notices: You agree to receive notices via the email address that you used to create an account or via the Omnis website.
Entire Agreement: This Agreement incorporates the following agreements and policies by reference:
Except as set forth above, links to pages on the Omnis website or any third party materials are for convenience only and do not form part of this Agreement.
This Agreement sets forth the entire understanding between you and Omnis concerning your use of the Omnis Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Omnis website and will apply prospectively.
Contact Us: If you have any support questions, please contact us at email@example.com. For all other questions regarding this Agreement, please contact us at:
Omnis LLCW. Sahara Ave. Suite #300 Las Vegas, NV 89146 Attn: Legal firstname.lastname@example.org