Terms of Use


Welcome to Omniwhiz.com. The following Terms of Use outline your obligations when using the Omniwhiz website or other web sites owned or operated by Omnivents, Inc. ("the Omniwhiz Sites"), the services provided through or in connection with the Omniwhiz Sites and viewing of the content available at the Omniwhiz Sites. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

  1. ACCEPTANCE OF TERMS

    The Omniwhiz Sites are owned and operated by Omnivents, Inc. (collectively, "us", "we" or "Company"), a Delaware corporation, and are accessed by you under the Terms of Use described below ("Terms of Use").

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE OMNIWHIZ SITES OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE OMNIWHIZ SITES OR USE THE CONTENT OR ANY SERVICES IN THE OMNIWHIZ SITES. COMPANY' ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  2. DESCRIPTION OF SERVICE

    Subject to full compliance with the Terms of Use, Company may offer to provide certain services and content described more fully on the Omniwhiz Sites ("Services"). Services shall include, but not be limited to, any service and content Company performs for you, as well as the offering of any materials displayed, transmitted or performed on the Omniwhiz Sites (including, but not limited to text, questions, comments, news feeds, statistics, messages, information, data, web links, pictures, photographs, images, illustrations, also known as the "Content"). Company may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  3. MODIFICATIONS OF TERMS OF USE

    Company reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Company will notify you by posting an announcement on the Omniwhiz Sites. What constitutes a "material change" will be determined at Company's sole discretion, in good faith, and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

  4. REGISTRATION DATA AND ACCOUNT SECURITY

    You must provide Omniwhiz with accurate, complete, and updated registration information. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your Omniwhiz account. You may not: (i) select or use a screen name and password ("User ID") of another person with the intent to impersonate that person; or (ii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID in its discretion.

    You shall be responsible for: (i) maintaining the confidentiality of your User ID; and (ii) all use of your account and for any actions that take place using your account.

    Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. You also certify that you are legally permitted to use the Services and access the Omniwhiz Site, and takes full responsibility for the selection and use of the Services and access of the Omniwhiz Sites.

  5. USER CONDUCT

    As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Company.

    By way of example, and not as a limitation, you agree not to use the Services:

    1. to abuse, harass, threaten, impersonate or intimidate other users of the Omniwhiz Sites;
    2. to upload, or cause to be uploaded any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
    3. to upload, or cause to be uploaded, any Content that violates copyright and intellectual property laws
    4. to upload, or cause to be uploaded any communication or solicitation designed to obtain password, account, or private information from any user of the Omniwhiz Sites;
    5. to create or submit unwanted email ("Spam") to any other users of the Omniwhiz Sites or any URL;
    6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
    7. to submit URLs linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
    8. via robots, spiders, scrapers or other automated tools, with the intention to access the Omniwhiz Sites or Content 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 Omniwhiz Sites or any activities conducted on the Omniwhiz Sites; or (III) bypass any measures we may use to prevent or restrict access to the Omniwhiz Sites;
    9. with the intention of artificially altering vote counts, questions, answers, correct answers, comments, links, or any other Content or Services, including creating separate user accounts for the purpose of artificially altering Omniwhiz services; or participating in any other organized effort that in any way artificially alters the results of Omniwhiz services;
    10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    11. attempt to impersonate another user of the Omniwhiz Sites or person;
    12. sell or otherwise transfer your profile.

    Company may remove any Content and Omniwhiz accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: problems@omniwhiz.com

    You are solely responsible for your interactions with other users of the Omniwhiz Sites. Company reserves the right, but has no obligation, to monitor interactions between you and other users.

  6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

    By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Omniwhiz Sites, you represent and warrant that you own all rights in the Content and agree that the Content may be modified by the Omniwhiz Sites administrator for any reason (including, but not limited to, Content quality, accuracy, style and copyright). Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so.

  7. COPYRIGHT COMPLAINTS

    Company respects the intellectual property of others. It is Company's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Company will terminate access for subscribers and account holders who are repeat infringers.

    A. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information (see 17 U.S.C 512(c)(3) for further detail):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notifying Company of Copyright Infringement: To provide Company notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of copyright@omniwhiz.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

    B. Counter Notice. If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:

    1. Your physical or electronic signature;
    2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    Providing Company with Counter Notice: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you feel that your material does not constitute infringement, you may provide Company with a counter notice by written communication to the attention of "DMCA Counter Notification Dept." at copyright@omniwhiz.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

  8. COMPANY PRIVACY POLICY

    Omniwhiz' current privacy policy is available at http://www.omniwhiz.com/privacy/ (the "Privacy Policy"), which is incorporated by this reference.

  9. INDEMNITY

    You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney's fees) from any claim or demand made by any third party due to or arising out of your access to the Omniwhiz Sites, you, or any third party using your account or User ID, of any intellectual property or other right of any person or entity.

  10. WARRANTY DISCLAIMERS

    You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Omniwhiz Sites or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Omniwhiz Sites or the Services. The Omniwhiz Sites or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Omniwhiz Sites or Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Omniwhiz Sites or the Services. THE SERVICE, CONTENT, AND THE OMNIWHIZ SITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  11. LINKS

    The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  12. LIMITATION OF LIABILITY

    IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE OMNIWHIZ SITES, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  13. TERMINATION

    Either party may terminate the Services at any time by notifying the other party by any means. Company may terminate or suspend any and all Services and your Company account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services or access the Content will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  14. MISCELLANEOUS

    No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Company's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.