Omnia Networks, Inc.
Website Terms of Use

1.              Agreement. These terms of use are entered into by and between you and Omnia Networks, Inc. (“Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.omnianetwork.com including any content, functionality, and services offered on or through www.omnianetwork.comincluding, without limitation, your subscription to our educational services (the "Website").

Please read these Terms of Use carefully before you start to use the Website. By using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.omnianetwork.com/pages/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

2.              Trademarks. The Company name, the word Omnia Networks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

3.              Site Use. Subject to the terms of the specific subscription you have purchased, the Company grants you a limited, revocable, nonexclusive license to use the Website solely for use by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use, except as otherwise set forth herein. A license grants access to our Website as well as permission to use its workshop products and services solely by you and not for the benefit of any other person or entity.  This license is not transferable and cannot be combined with another licensor.

To access our Website, you must provide your username and password ("Username"). You agree to provide us with accurate, complete and updated contact information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your subscription and access to our Website. You may not (a) choose a Username with the intent to impersonate another person, (b) use a Username subject to the rights of any other person without written authorization from said person, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password. You are not permitted to share your Username with any other person or to permit any other person to use your subscription.  All subscriptions are for a single user.  You will be responsible for all uses of your username and password, whether or not authorized by you, irrespective of whether such use is permitted or prohibited hereunder. You agree to supervise and take full responsibility for the use of the Website by children under the age of 13 years.

You are fully liable for all activities conducted through your subscription.  This includes, but is not limited to, ensuring that any other person within the registered classroom who uses our Website is aware of, and complies with, the terms of these Terms of Use.  Each person who uses the Website agrees to be bound by these Terms of Use, whether or not such person has subscribed to the Website.

You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your subscription to our Website. We are not liable for any loss or damages arising from the unauthorized use of a Username or your subscription to our Website. Any fraudulent, abusive, or otherwise illegal activity may be reported to appropriate law-enforcement agencies by us.

You understand that you may receive business-related communications from us such as service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE WEBSITE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS WEBSITE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

4.              Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. 

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

5.              Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

·      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·      You may store files that are automatically cached by your Web browser for display enhancement purposes.

·      You may print a reasonable number of pages of the Website for your own educational purposes, but you may not reproduce, publish, or otherwise distribute any such copies for or to any third-party.

You must not:

·      Make any copies of or use any materials from the Website, including without limitation illustrations, copy, photographs, video or audio sequences, or any graphics, except as otherwise permitted hereunder.

·      Delete or alter any copyright, trademark, or other proprietary rights notices from any permitted copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, in addition to any other remedy we have at law or equity, we reserve the right to terminate your use of the Website and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other for which we will be entitled to damages and other relief.

6.              Letters, Reviews or other such Comments or Materials. Any comments, materials, or letters sent by you to the Company, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. The Company shall have no obligation of any kind with respect to such Received Materials and the Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

7.              User Content.  As a part of the Website, you may be permitted to engage in discourse with other users through a community section of the Website.  In doing so you may be permitted to send direct messages to other users, post comments, texts, and other information, and select favorites or otherwise review workshops, along with other functions (“User Content”).  This means that you have sole responsibility, not the Company, for all of the User Content that you upload post, email, transmit or otherwise make available through the Website, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such User Content. Any User Content that you write, post, upload or link to on the Website is entirely your responsibility.

We shall have no liability of any kind with respect to any User Content posted by you or other users of the Website. You agree that you must assess and bear all risks associated with your use of any User Content. In this regard, you may not rely on any User Content created by other users. We do not control or monitor all of the User Content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such Content.

The User Content created by you must be owned by you or you must have been granted the prior permission to use such User Content by its owner. We do not own any of the User Content you post.  You hereby grant to the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all User Content through this site, and to incorporate any User Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that the Company will not be bound to treat any User Content as confidential and may use any User Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.

8.              Website Community Use and Rules. To maintain a positive, safe, and inclusive community environment, we have established the following community rules that, by using the Website, you agree to comply with in full:

  • You are solely responsible for your own communications and User Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Website to post and receive communications and User Content that are legal and proper.

 

  • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

 

  • You must not violate the privacy or publicity rights of others.

 

  • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).

 

  • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.

 

  • You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate User Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.

 

  • You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.

 

  • You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.

 

  • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.

 

  • You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password.

 

  • You cannot modify, edit, or delete any User Content and communications of the Website and/or of other individuals other than your own User Content.

 

  • You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.

 

  • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.

 

  • You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through the Website.

 

  • You cannot create user accounts under any false or fraudulent pretenses (including by automated means).

 

  • You must not state or imply that any of your submitted and or posted Content is endorsed by the Company or any affiliate thereof.

 

  • You must not engage in any "spamming" of any kind, including without limitation ad spamming.

WHILE WE EXPLICITLY PROHIBIT THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE FOREGOIN RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

9.              Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

·      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to the Website.

·      To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

·      Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·      Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the Website.

·      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

·      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the Website.

10.           Enforcement; Termination. We have the right to:

·      Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

·      Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11.           Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy [www.omnianetwork.com/pages/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

12.           Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

13.           Refusal or Discontinuance of Service. In the event we determine, in our sole discretion, that a user has breached any portion of these Terms of Use, or has otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn the user via e-mail that she or he has violated these Terms of Use; (ii) delete any content provided by the user (or anyone accessing the user’s account); (iii) discontinue the user’s account; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) retroactively charge for the unauthorized use; and/or (vi) take any other action that we deem appropriate.

14.           Use of Information. The Company reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

15.           Geographic Restrictions. The owner of the Website is organized pursuant to the laws of the State of New York and is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16.           Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, or the services provided by the Website, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

BY ACCESSING AND USING THE WEBSITE YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CONTENT PROVIDED THEREON MAY CONTAIN THE VIEWS, OPINIONS, RECOMMENDATIONS, AND PERCEPTIONS OF THE INDIVIDUALS QUOTED AND/OR APPEARING IN SUCH CONTENT, NONE OF WHICH REPRESENTS THE VIEWS, OPINIONS, RECOMMENDATIONS, AND PERCEPTIONS OF THE COMPANY. THE FACT THAT ANY CONTENT APPEARS ON OR IS PROVIDED THROUGH THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP BY COMPANY OF ANY VIEWS, OPINIONS, PERCEPTIONS OR RECOMMENDATIONS IN SUCH CONTENT.  

YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE COMPANY  MAKES ALL CONTENT ON THE WEBSITE AVAILABLE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.  YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY DOES NOT PROVIDE ANY WARRANTY IN RELATION TO ANY OTHER SITES LISTED IN, LINKED FROM, OR PROVIDED IN ANY CONTENT ON THE WEBSITE.  

TO THE EXTENT ANY CONTENT ON THE WEBSITE IS HEALTH OR WELLNESS BASED (“HEALTH AND WELLNESS CONTENT”), IT IS NOT INTENDED TO AND YOU AGREE SHALL NOT BE A SUBSTITUTE FOR SEEKING PROPER ADVICE FROM A QUALIFIED MEDICAL OR HEALTH PROFESSIONAL.  YOU FURTHER UNDERSTAND THAT HEALTH AND WELLNESS CONTENT IS NOT DESIGNED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL DIAGNOSIS OR TREATMENT RECOMMENDED BY YOUR QUALIFIED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL.  IT IS THE COMPANY’S POSITION THAT YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR APPROPRIATE TREATMENTS, AND SHOULD NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH PROFESSIONAL ASSISTANCE BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE WEBSITE OR IN ANY OF THE CONTENT. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.           Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD PRECEEDING THE ACCRUAL OF ANY CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.           Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

19.           Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts of the United States sitting in the State of New York, County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20.           Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE LIMITATION IN THIS SECTION 20 IS A WAIVER OF AND IN SUBSTITUTION FOR ANY OTHER APPLICABLE STATUTE OF LIMITATIONS APPLICABLE TO ANY CAUSE OF ACTION YOU MAY HAVE.

21.           Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

22.           Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Any waiver of these Terms of Use by the Company must be in writing and signed by an authorized representative of the Company.

23.           Termination. The Company may terminate these Terms of Use at any time, with or without notice, for any reason.

24.           Relationship of the Parties.  Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

25.           Entire Agreement. These Terms of Use constitute the entire agreement between you and the Company and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website.

26.           Contact Information. This Website is operated by Omnia Network, Inc. 

All notices of copyright infringement claims should be sent to [email protected]

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]