TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE, AFFILIATED SITES, MOBILE SITES AND ANY ŌMA MOBILE APPLICATION, AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THESE SITES OR APPLICATIONS, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last updated March 23, 2021.
As the Sites may be accessed globally, if you choose to access the Sites from locations other than Canada and the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, ŌMA makes no representation that materials on the Sites are appropriate or available for use in locations outside Canada or the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited.
Unless otherwise noted, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world (collectively, the “Contents”), are owned, controlled or licensed by ŌMA. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with ŌMA. The Sites and the Contents are intended solely for your personal, non-commercial use. You are permitted to view, download and print hard copies of pages from the Sites for your own personal, non-commercial, lawful use, provided that such copies clearly display the copyright and any other proprietary notices of ŌMA. No right, title or interest in any downloaded Contents is transferred to you as a result of any such viewing, downloading or printing.
Right to Modify, Suspend, or Discontinue the Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend, discontinue or restrict use of any portion of the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or restriction of the Sites, or of any service, content, feature or product offered through the Sites.
Unless ŌMA has solicited user submissions through a sweepstakes, contest or other promotional activities (“Promotions”), ŌMA will not accept or consider any unsolicited submissions of materials, creative ideas, suggestions, proposals, plans or other materials or comments you provide or post, upload, input or submit to ŌMA through the Sites; all unsolicited submissions will be deleted. Submissions provided to ŌMA during a Promotion shall be governed by the rules of each such Promotion.
Unless stated otherwise in the rules of any applicable Promotions, ŌMA does not claim ownership of the materials, creative ideas, suggestions, proposals, plans or other materials or comments you provide or post, upload, input or submit to ŌMA through the Sites in connection with the Promotions (“Submission”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting ŌMA and its respective sub-licensees a royalty-free, non-exclusive, irrevocable, sub-licensable right and license to use your Submission in connection with the Sites or business of ŌMA, including without limitation the license rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, modify, adapt, create adaptations or derivative works from and distribute your Submission, publish your name in connection with your Submission, and the right to sublicense such rights, for any purpose on or in connection with the Sites or business of ŌMA, throughout the universe in any medium and through any methods of distribution, transmission or display whether now known or hereafter devised. By posting a Submission you represent and warrant that you own or otherwise control all of the rights to your Submission including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submission. In addition, you warrant that all so-called “moral rights” in the Submissions have been waived. You also agree that ŌMA is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; (3) to respond to any Submissions; or (4) to post or use any Submission you may provide. ŌMA has the right but not the obligation to monitor any Submissions and may edit or remove any Submissions at any time in its sole discretion.
You agree that your Submission will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submission will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead ŌMA or third parties as to the origin of any Submission. You are solely responsible for any Submissions you make and their accuracy. ŌMA takes no responsibility and assumes no liability for any Submissions posted by you or any third party.
Social Media Sites
The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook and YouTube (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
No Responsibility for User-Generated Materials
Although ŌMA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, ŌMA is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ŌMA intends to fully cooperate with any law enforcement authorities or court order requesting or directing ŌMA to disclose the identity of anyone posting any such information or materials.
Mobile Application Purchases
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding ŌMA’s ability to monitor or make the Sites available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. ŌMA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, ŌMA shall have the discretion to take such action as ŌMA deems necessary, in its sole discretion, to preclude a security violation, and ŌMA shall not be liable for any damages of any nature suffered by you or a third party resulting from ŌMA’s exercise of its rights.
YOUR USE OF AND BROWSING IN THE SITES ARE DONE ENTIRELY AT YOUR OWN RISK. NEITHER ŌMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS”, AND WITHOUT ANY WARRANTIES, CONDITIONS OR IMPLIED TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITES IS FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. ŌMA EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY DO SO AT ANY TIME, WITH OR WITHOUT NOTICE. Exclusion of Liability
Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. ŌMA shall not be liable for any damages of any kind related to your use of the Sites. You agree that your sole remedy in the event of any problem with your use is to cease using the Sites. In no event shall ŌMA or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out of or related to access to or use of the Sites or any other Sites linked to the Sites or the Contents, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
ŌMA maintains the Sites for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Sites, including our mobile sites, may be accessible from your current location, and ŌMA assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use the Sites.
ŌMA is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network or mobile connections, failed, incomplete, garbled or delayed computer transmissions, online or mobile failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. ŌMA is not responsible for Internet, mobile or any other communications network fees or charges associated with your use of the Sites.
ŌMA assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Sites or your downloading of any materials, data, text, images, video or audio from the Sites.
ŌMA has not reviewed all of the sites linked to the Sites and is not responsible in any way for the content of any off-site pages or any other sites linked, directly or indirectly, to the Sites. Your linking to any other off-site pages or other sites is entirely at your own risk.