OmniRAT („We“, „Our“) software applications (the „OmniRAT Software“), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by OmniRAT (the „OmniRAT Services“ ) are governed by the following terms and conditions.
Before using any OmniRAT Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the OmniRAT Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the OmniRAT registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the „agreement“). If you do not agree to this agreement, then please cease using the OmniRAT services immediately.
The OmniRAT services are available for individuals aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the OmniRAT registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child’s use of the OmniRAT service, including all financial charges and legal liability that he or she may incur.
The OmniRAT services are intended only as personal services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the OmniRAT services could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that OmniRAT has offered the OmniRAT services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and OmniRAT, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and OmniRAT. OmniRAT would not be able to provide the OmniRAT Services to you on an economically reasonable basis without these limitations and disclaimers.
MODIFICATION OF THIS AGREEMENT
OWNERSHIP; PROPRIETARY RIGHTS
The OmniRAT Services are owned and operated by OmniRAT. The OmniRAT Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the device applications, and all other elements of the OmniRAT Services (collectively, the „Materials“) are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the OmniRAT Services are the property of OmniRAT or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the OmniRAT Services are proprietary to OmniRAT or its affiliates and/or third-party licensors. Except as expressly authorized by OmniRAT, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The OmniRAT Services are not available to persons under the age of 14 or to any Users suspended or removed from the OmniRAT Services by OmniRAT. You agree that the information you provide to OmniRAT upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
USAGE RULES; PROHIBITED CONDUCT AND USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. Use the OmniRAT Services or any information displayed within the OmniRAT Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
2. Use the OmniRAT Services if you are under the age of 14 years old;
3. Use the OmniRAT Services for any commercial or non-private use, it being understood that the OmniRAT Services are for personal, non-commercial use only;
4. Use the OmniRAT Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
5. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the OmniRAT Services accounts of other Users;
6. Share OmniRAT-issued passwords or access to your device while OmniRAT is running and accessible with any third party or encourage any other user to do so;
7. Misrepresent the source, identity or content of information transmitted via the OmniRAT Services;
8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the OmniRAT Services, features that prevent or restrict use or copying of any content accessible through the OmniRAT Services, or features that enforce limitations on use of the OmniRAT Services;
9. Intentionally interfere with or damage operation of the OmniRAT Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
10. Attempt to gain unauthorized access to the OmniRAT Services, or any part of it, other accounts, computer systems or networks connected to the OmniRAT Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the OmniRAT Services or any activities conducted on the OmniRAT Service;
11. Sell or transfer or allow another person to access your account password, profile, or OmniRAT Services account.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The OmniRAT Services may include links to other web sites or services solely as a convenience to Users. OmniRAT does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, OmniRAT makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OmniRAT Services are solely between you and such advertiser. You agree that OmniRAT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the OmniRAT Services.
Parties other than OmniRAT may provide services or sell products via the OmniRAT Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. OmniRAT does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
END USER LICENSES
LICENSE GRANT, RESTRICTIONS AND UPGRADES.
To use the OmniRAT Software you must have a device that is compatible with the OmniRAT Services. OmniRAT does not warrant that the OmniRAT Services will be compatible with your device.
1. License Grant. OmniRAT hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the OmniRAT Software as follows: You may use the OmniRAT Software for one OmniRAT Services subscription account (a „Subscription Account“ is comprised of HWID (Hardware ID)) on devices owned or leased solely by you, for your personal use.
2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the OmniRAT Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the OmniRAT Software to any third party or use the OmniRAT Software to provide time sharing or similar services for any third party; (iii) make any copies of the OmniRAT Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the OmniRAT Software, features that prevent or restrict use or copying of any content accessible through the OmniRAT Software, or features that enforce limitations on use of the OmniRAT Software; or (v) delete the copyright and other proprietary rights notices on the OmniRAT Software.
3. Software Upgrades. You acknowledge that OmniRAT may from time to time issue upgraded versions of the OmniRAT Software, and may automatically electronically upgrade the version of the OmniRAT Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
4. Open Source. With respect to any open source or third-party code that may be incorporated in the OmniRAT Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the OmniRAT Software or any copy thereof and OmniRAT or its third party partners or suppliers retain all right, title, and interest in the OmniRAT Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. OmniRAT reserves all rights not expressly granted under this Agreement.
You agree that OmniRAT, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the OmniRAT Services or use of the OmniRAT Services and remove and discard all or any part of your account, at any time. You agree that any termination of your access to the OmniRAT Services or any account you may have or portion thereof may be effected without prior notice, and you agree that OmniRAT will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OmniRAT may have at law or in equity.
DISCLAIMERS; NO WARRANTIES
The OmniRAT services and any third-party software, services, or applications made available in conjunction with or through the OmniRAT services are provided „as is“ and without warranties of any kind either express or implied. OmniRAT, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
OmniRAT and its suppliers and partners do not warrant that the functions contained in the OmniRAT Services will be uninterrupted or error-free, that defects will be corrected, or that the OmniRAT services or the server that makes them available are free of viruses or other harmful components.
OmniRAT, and its suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of any OmniRAT services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not OmniRAT or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the OmniRAT services. You understand and agree that you download or otherwise obtain material or data through the use of the OmniRAT services at your own discretion and risk.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold OmniRAT, its affiliated companies, and its suppliers and partners, harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys‘ fees, arising out of or related to (a) your use or misuse of any information generally, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. OmniRAT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will OmniRAT or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your information; (b) your use or inability to use the OmniRAT Services; (c) the OmniRAT services generally or the OmniRAT software or systems that make the OmniRAT Services available; or (d) any other interactions with OmniRAT or any other user of the OmniRAT Services, even if OmniRAT or a OmniRAT authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall OmniRAT’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the OmniRAT services, exceed the amounts paid by you for accessing the OmniRAT Services or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than OmniRAT and received through or advertised on the OmniRAT Services or received through any links provided on the OmniRAT Services.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
EFFECTIVE DATE, DATE LAST MODIFIED
OmniRAT Terms and Conditions effective as of January 1, 2015.
OmniRAT Terms and Conditions last modified on January 1, 2015.