Legal Disclaimer & Terms and Conditions of Omnificent Developments Inc. and any subsidies or group of companies owned by Omnificent inclusive of the website www.omnificentdev.com, www.omnificentdev.ca, www.omnificent.dev

 

Last Updated: February 19, 2021

 

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use and/or browsing of the internet website(s) located at https://www.omnificentdev.com; https://www.omnificent.ca; and/or https://www.omnificent.dev (the “Site”) or (the “sites”) or (the “website”) owned and operated by Omnificent Developments Inc as well as any group of Omnificent companies and subsidiaries. Omnificent Developments Inc. is a Canadian registered incorporation in North Vancouver, British Columbia (“Omnificent”, “Omnificent’s”, “we”, “our” or “us”), and Interactive community platform hosted on internal membership website, trading video lessons recapturing historic trades, educational online classes, private online coaching, hosted online workshops, watchlists, and opinion-based counsel (the “Services”).

 

BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.  IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

 

IN ADDITION, TO THE EXTENT THAT YOU USE PARTICULAR OMNIFICENT SERVICES, INCLUDING WITHOUT LIMITATION OMNIFICENT’S OPINION-BASED COUNSEL AND ALL OTHER SERVICES, YOU ARE ALSO SUBJECT TO ANY APPLICABLE AGREEMENT THAT YOU ENTER INTO WITH OMNIFICENT THAT GOVERNS THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF SUCH SERVICE (“SERVICES AGREEMENTS“) AND ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES, WHICH MAY BE UPDATED OCCASIONALLY. ALL APPLICABLE SERVICES AGREEMENTS ARE MADE AVAILABLE AND ARE TO BE AGREED TO PRIOR TO THE REGISTRATION OF ANY MEMBER TO THE SITE, AND/OR PURCHASE, AND/OR ACCESS TO ANY MATERIAL.

 

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as Omnificent’s Privacy Policy (the “Privacy Policy”), as it may be amended from time to time in the future.

 

Omnificent may update this Agreement or the Privacy Policy at any time, without notification to you, and you should review this Agreement and the Privacy Policy from time to time by accessing the Site.  Your continued use of the Site and/or the Services will be deemed irrevocable acceptance of any such revisions.  Before you continue, you should print or save a local copy of this Agreement and the Privacy Policy for your records.

 

Should you and/or your IP address and/or IP address through proxies and VPN’s browse or make use of our website then you are agreeing to the following Terms and Conditions. If you do not agree with the terms and conditions, you may not use our website or our services, and must immediately exit this website and clear your browser history so that you do not “accidently” or even “inadvertently” end up back on this website.

You can be referred to as (“you”, “your”, “end-user”, “client”, “customer”, “individual”, or the “full name” by which you identify).

Omnificent reserves the right to make amendments and changes at its sole discretion and these changes may go unannounced. It is up to each end-user to always keep current with our privacy policies and terms and conditions, anytime they access our website.

Omnificent Developments Inc and specifically www.omnificentdev.com; www.omnificent.ca; and/or www.omnificent.dev alongside all related content, materials and services which make up the collective website, is an online educational resource related to the opinion-based counsel and literacy of the financial markets, and ones own disciplines to achieve a self-sufficient financial goal. The corporation does not provide selection of stocks (aka “stock picks) or any information aimed at the “furthering” of trades of any user or browser of the website.  We provide educational content for our members to gain financial self-sufficiency, not dependency on our platforms. In this context, we provide our customers and members with educational content consistent with the scopes of an unregistered consultation firm. Omnificent is not an investment agency, and as such operates within all the applicable Canadian laws and regulations to ensure all services operate with respect due to the limits imposed by the scopes of registered trading and financial services. Omnificent does not offer financial services, as it is not a registered investment agency or firm. As such, we cannot and will not be able to operate in the scope of “registered” entities. Our material is purely educational and places all emphasis on the end-user, to gain self-sufficiency in navigating and directing your own choices for financial furthering; completely uninfluenced by anything we say or do both directly and indirectly.

You agree to read these Terms and Conditions diligently and to retain them for future reference. You acknowledge, agree, and comprehend that these Terms and Conditions govern any aspect where you encounter Omnificent and/or use/browse any of our resources and/or intellectual property.

If you are ever prompted to “AGREE” in order to either gain access to our website or gain additional access to our materials such as whenever you register for a service, course, material, or encounter with Omnificent, you acknowledge that you have read, understood, and agreed to these Terms and Conditions; you have read, understood, and agreed to all Privacy Policies; you consent to carefully having read the terms of conditions of each specific product, service, or encounter which will be placed upon you prior to the purchasing of and/or the receiving of our content. If you do not agree or do not want to be to be bound by these Terms and Conditions, you will never “AGREE” when prompted and will instead exit our website immediately.

Anytime you use or browse our website, you will have been determined as having accepted the terms and conditions, privacy policies, and all other disclaimers and provisions supporting our encounter with you, and this holds up as equally binding as an in-person and manual agreement.

Ability to enter this agreement

To enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you.  If you accept this Agreement, you represent that you have the capacity to be bound by it.

 

General Provisions
By using or accessing the site and/or encountering with us, you represent to us that you:

Are not banned from using our services, inclusive of your account and status with us. Are not prohibited from receiving educational content. Are not prohibited or banned from the trading of securities. Are not involved in financial speculation or involved in the laundering of illegal funds between local and/or international markets. Are not in either direct or indirect competition with any business activity, service, operation, or thereof which Omnificent deems intellectual property. Written consent must always be obtained, and if you are in doubt, contact [email protected]. Agree to any liabilities and costs as a direct or indirect result of your usage of our website, services, membership, content, and/or any other encounter. Agree to responsibly manage any positive and/or negative experiences surmounting possible self-inflicted implications and/or ramifications this may have on your psychiatric state, self-esteem, and health in the context whereby the trading of securities can impose many emotional and psychiatric challenges. Agree to and will assume the financial and other costs all liabilities which could arise in any form as a result of any content you receive from Omnificent not limited to financial loss, loss OF and/or compromised health, compromised state of mind, and any other morbidity not mentioned herein. Agree to being of healthy and conscious psychiatric mind and are not knowingly diagnosed with a mental illness or any health-related disease which may result in any form of self-harm, injury; or other morbidity, as a direct or in-direct result of receiving consultations from us. Agree to receive our consultations simply in the context of educational, informational, and sometimes, entertainment purposes only, and you agree and understand that no data may exist to backup any opinion and/or position Omnificent may provide regarding anything they do and/or say and/or produce and/or provide. Agree and comprehend that all consultations involve nature(s) of high risk and you are fully prepared for what this may or may not mean for your individual outcome. Agree that any content, whether purchased or otherwise delivered is simply an opinion-based counsel by Omnificent and may not include factual information. Agree and indemnify that you have not engaged in any commitments or promises with anyone pending the content and or knowledge you think you stand to receive from Omnificent. Agree and promise to not start the activity of trading of any securities or partake in any investment strategy as a direct or indirect result of our counsel; specifically, with real money, until such time you can responsibly assume all the liabilities, ramifications, and outcomes of such activity.

You understand and agree:  

To not browse and/or use the website using any automated means such as bots. To not advertise, market, provide testimonials, and/or sell any products external to Omnificent’s products & services line. To not upset or offend anyone. To not post content that is of any of the following natures: controversial, fraudulent, pornographic, violent, threatening, misleading, nudity, graphic, as well as anything deemed inappropriate by Omnificent. To not make available any part or portion of your account to anyone without the written consent of Omnificent. To not record, distribute, or infringe and fraudulently reproduce our intellectual property without the written consent and authorization by the accountable executive at Omnificent. To not copy, transfer, or reproduce any part or whole part of our website not limited to any person, entity, business, website, organization, cloud, or server, including site mirroring.

Securities Regulations
You understand and agree:

That all our content, materials, services, and other intellectual property are simply opinions that are wholly owned by Omnificent without discrimination. To not use the website in any manner that is unlawful, specifically related to securities or investments, or any rules or regulations promulgated by any of the provincial and territorial securities commissions in Canada [Alberta Securities Commission, British Columbia Securities Commission, Autorité des marchés financiers, Government of Yukon Securities Registrar, Manitoba Securities Commission, New Brunswick Securities Commission, Newfoundland Securities Commission, Northwest Territories Securities Commission, Nova Scotia Securities Commission, Office of the Superintendent of Securities (Nunavut), Ontario Securities Commission, Prince Edward Island Securities Office, Financial and Consumer Affairs Authority (Saskatchewan)], and U.S. Securities and Exchange Commission, and/or the rules of any other international securities exchange or rule of law.

Opinion-based counsel, context, and expectations
Any information not limited to content, opinion, remark, education by Omnificent shall not be interpreted as the “furthering” of any end-user’s trade. The context does not intend or meant to construe that Omnificent gives securities advice. Omnificent does not advise any recommendations on which securities to buy and sell, and how to go about a trading or investment strategy.

All of Omnificent’s counsel is to be received as simply an opinion-based counsel based on the non-professional and non-registered experience Omnificent has in the financial markets.

In this agreement, you will not take Omnificent’s consult as means for expecting an outcome equivalent to the professional standards of a registered agency, and you hereby revoke Omnificent from any liabilities because of the counsel you follow either through direct or indirect means.

Omnificent does not assume responsibility for the accuracy and/or useability and/or timeliness of any information they provide. This is not limited to the information distributed through any method of communication from Omnificent such as: this website, community portals, websites, social media, text messages, e-mails, workshops, private coaching, video recaps, and watchlists.

Any decision or conclusion to buy and sell securities rests with the individual end-user using an independent research and a self-evaluated approach on a series of circumstances that are personal to you and Omnificent takes no part in providing information on such actions. These actions are 100% the responsibility of the end-user and you absolve and revoke Omnificent fully from any liability.

The community portals available through this website include clients of Omnificent who may by their own choice decide to post securities content, information, and data. While Omnificent will make an effort to moderate the content to the best of its ability, Omnificent can in no way assume responsibility for the information posted by a member. The participation of an end-user in the community portal is at the sole discretion of the end-user, and the end-user completely and wholly revokes Omnificent’s responsibility for the accuracy of any data and any content posted therein. Omnificent does not endorse any information posted by any member. None of the information is to be construed as investment advice, and Omnificent does not support the accuracy or viability of any information posted herein by any individual.

You understand that clients and members may post information with regards to securities in which they have a vested interest and agenda, and in no way can Omnificent be held accountable and liable for the information or disinformation represented by any member. You wholly revoke placing any blame and responsibility on Omnificent for this dynamic of the content posted on this site.

Omnificent may take part in both real and simulated trades. The limitations are both comprehended and understood by you. It is impossible to reproduce the exact results of another trader. On this account, the end user agrees and understands that their results may vary for better, for worse, or for neutral in comparison to that expectation bias which the end-user was motivated to join as a client based on. Omnificent remains wholly free of any liability due to the perception of an end-user’s expectation that you may have based on what you think may or may not be possible in your individual results. You understand that most traders lose money, and that Omnificent’s results are not typical.

The end user understands that all alerts are simply for educational and informational purposes only. On that account, you understand and agree that a trade alert may be posted before or after a member of Omnificent executes a trade, and that the trade may not be executed even though an alert is posted. Alerts are not to be construed as a “money making” or “trade furthering” opportunity. They are designed to help the end-user observe and learn live price action as opposed to historic and hindsight biased performances. If the end user decides to make use of the alert as an opportunity to further a trade, the responsibility of the outcome rests wholly with the end user, and the end-user agrees to wholly absolve and revoke any liability passed onto Omnificent as a result of the end-user’s personal choice to trade security in question. Alerts will in no way be construed or perceived as Omnificent furthering the end-user’s trade with the generation of artificial volume. Each end user is responsible for their own actions and completely absolve Omnificent from any results or liabilities incurred as a result of any information posted by Omnificent.

Omnificent promises no results. Statistically most traders lose, and the nature of trading the securities market involves a very high degree of risk. Many factors can cause a materially adverse result and lead to potential account implosion or complete loss of financial positions in any investment vehicle. You absolve Omnificent wholly and completely from this possible outcome.

You, the end-user agrees and understand that Omnificent will only provide their trade data at their discretion and that Omnificent is not required to verify each and every trade they make.

By making use of this website and any encounter with Omnificent, you fully release Omnificent and any representative of Omnificent including the directors and anyone in the hierarchy of the company from all liabilities experienced by you. You understand that you can lose money extremely fast in any securities position or investment strategy, and that you only work with the money that you are willing to forfeit and lose. You understand that Omnificent in no way makes suggests working with secured money such as mortgages, savings, retirement accounts, lines of credits, loans, etc. You agree to firstly not trade with real funds, and if you decide to trade with real funds, it is because it is money you are able to afford and able to lose. You accept all risks and agree to take all necessary precautions to all the risks that trading with real money brings you and your surroundings, absolving Omnificent wholly and completely from the outcome.

Marketing & Advertising Terms
From time to time, Omnificent may run marketing campaigns leading to this site. The campaigns are not limited to usage of video, paid-ad campaigns, search-engine optimization, social media content creation, etc.

If testimonials and/or reviews are used and made available to the public, Omnificent will never use actors or influencers to artificially influence the market and persuade them to pursue our services. If testimonials are publicly made available, these are actual Omnificent clients and members who have accepted to speak publicly and make their story known.

Omnificent may however make use of subjects not limited to actors, models, influencers, members of high social status, etc. for the generation of content for marketing campaigns. In such instance, the content of the material will not be as such to perpetuate a false imagery, rather of what is possible.

Omnificent will make every effort to not portray imagery representative of false narratives, rather reflect the journey a typical client goes on from start to finish in their path from a novice to a potentially profitable trader.

Omnificent will make every effort to provide marketing campaigns of entertaining nature leading to this site, however the end user will not hold those campaigns against Omnificent if the individual opinion does not resemble that view of the website visitor. As a website visitor, you fully agree to the entirety of the terms of service and are required to exit the website if our views do not match that of your ideological beliefs and or paradigm.

Although Omnificent will only advertise and market their resources inside of Canada’s geographic coordinates, Omnificent cannot take responsibility for any third-party glitch or issue in representing Omnificent’s ads to international markets, specifically bordering countries such as United States of America, Greenland, and Russia. Should a person who does not identify as a Canadian as determined by the Canada Revenue Agency view our marketing and act as a result of Omnificent’s marketing, this person will as per the terms and conditions set forth herein immediately exit the website, and any course, and will not agree to receiving any of our content any further and will not purchase any of our content. Should such individual operate in violation of these terms and conditions, they bare the consequences of whatever that may mean, absolving Omnificent wholly from the result and outcome of any liability.

Refunds
Omnificent has many different products and services available for purchase. We also offer several complimentary courses. Anytime you purchase our products and/or services, you hereby agree and understand:

 That none of your purchases are refundable, even in an extenuating circumstance which may be outside of your control. That all sales are final. That you have had the chance to read the entirety of our terms and conditions and privacy policies before making an educated and conscious decision to purchase any of our products. That the gains and/or any liabilities you or your surroundings experience because of any purchased course rests solely and fully with you. That Omnificent will not refund you in any instance, not limited to instances of financial loss, psychological ramifications, health implications, or any other morbidity you may or may not experience as a direct or indirect result of not limited to any of our products, services, consultations, content, communications, etc. That you have not been persuaded or influenced by any representative of Omnificent to purchase any of our contents and that you decided to partake in a conscious and present transaction that is subject to a final sale. That if there exists a refund on a specific purchase, that it will be clearly stated, and that if it is not stated, the terms and conditions herein set forth the conditions by which you agreed to purchase our products and services. That you consciously and willingly provide a method of purchase for the final sale of not limited to the product and/or service and/or consultation of which you are purchasing. That there exists no circumstance in which you will be issued a refund by Omnificent.

Purchases
When purchasing any and not limited to our products, services, consultations, content, subscriptions, etc. you hereby agree and understand:

That Omnificent uses third-party processors for the processing of your purchase. These third-party providers are not limited to credit card vendors, banks, and online processors. That you agree and indemnify to follow the guidelines, terms and conditions, and external policies issued by these third-party vendors prior to submitting any sensitive and/or personal information. That you must always have a valid form of payment made available for an outstanding balance. That your payment information maybe stored either by Omnificent or the third-party service until such time our services are no longer required by you. To your account being terminated and suspended should a charged attempt fail or comeback as an expired form of payment, and you understand Omnificent reserves the right to terminate and cancel your account without notice to you. That you must maintain a valid form of communication, be that e-mail, phone, or other, whereby Omnificent’s payment team may contact you in case your form of payment is not valid. That you are defined by the rules and regulations of Canada, as a “CANADIAN” be that a resident, non-resident, or citizen. That you are not a US person, or any person who is not legally registered as a “CANADIAN” in the Canada Revenue Agency master list of citizens, residents, and non-residence. That if you are not legally a “CANADIAN” that you do not purchase any but not limited to our products, services, contents, subscriptions, etc. And that if you do purchase any of the aforementioned outside of the scope of being identified as a “CANADIAN”, you will not be subject to a refund as per the refund policy of our terms and conditions. That Omnificent will charge you the applicable taxes and as per its provincial jurisdiction and that it remains solely your responsibility to ensure the proper taxes and levies are accurately and promptly paid based on the jurisdiction by which your tax is supposed to be paid in. That you completely and wholly release Omnificent from the responsibility of charging you in any currency it wishes. That although Omnificent mainly charges in USD, and CAD, it may from time to time decide to change the currency by which it chooses to charge you. That Omnificent reserves the right and sole discretion to change the pricing, modify the term of a discount and/or sale, and terminate or discontinue a product or service without prior notification or engagement with you. That you cannot backdate your purchase and request a new pricing, and that your purchase is a final sale with no circumstance whereby a refund will be issued to you.

Use of third-party data
Omnificent may use third-party data and/or software to find any of the securities by which it decides to enter a position into, or showcase for educational, informational, and entertainment purposes. The use of such third-party data and/or software does not reflect the responsibility of Omnificent, and as the end-user you must agree to all the applicable laws, regulations, technicalities, and short comings that such third-party entity may place on your relationship with the third-party entity and any potential outcome, for good, for neutral, or for worse than you had expected originally. You agree that Omnificent will not be held responsible for your use or misuse of such third-party. Additionally, the data produced by such third-party entities are not to be construed as Omnificent recommending or guiding counsel to partake in the trade of any securities. Should you use the third-party data, you agree to having followed your own due diligence, research, and apply your own level of risk tolerance prior to any trading of securities or investment vehicles. Ultimately, you agree to maintaining your own responsibility in seeking the advice of professionally licensed individuals for the directing of investments and securities, and completely and wholly release Omnificent from any liability as either a direct or indirect outcome from the use or guidance of any but not limited to third-party data, and/or software, and that such data does not represent or legally bind Omnificent in providing any advice, counsel, or suggestion for partaking in the trading of securities or other investment vehicles.

Third-party sites and content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  These other websites are not under Omnificent’s control, and you acknowledge that Omnificent is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety, or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Omnificent or any association with its operators.  You further acknowledge and agree that Omnificent will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such website or resource.  Access and use of third-party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

Intellectual Property Rights
All material available on the Site and all material and services provided by or through Omnificent, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

 

Subject to your compliance with all the terms and conditions of this Agreement, during the term of this Agreement, Omnificent grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy, or otherwise store any Materials.

If Omnificent, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third-party system, then Omnificent may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount.  Omnificent has no liability to you for suspending the Services under this provision.

 

This section does not apply to Content (as defined below); however, you agree that any ideas, suggestions, testimonials, concepts, processes, or techniques which you provide to Omnificent related to the Services, the Site or Omnificent or its business (“Feedback”) are and will be Omnificent’s exclusive property without any compensation or other consideration payable to you by Omnificent, and you do so of your own free will and volition. Omnificent may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Omnificent may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing.  You hereby assign all rights on a worldwide basis in perpetuity to Omnificent in any Feedback and, as applicable, waive any moral rights.

 

For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

 

Omnificent retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information, and which has been manipulated or combined to provide generalized, anonymous information.  Where you choose to utilize or connect certain services from third parties with the Services, you agree that Omnificent may share your lead data with such designated third parties. You are still responsible for all personal information that is part of any Content.

 

Your profile information & account
To access and use the Site and Services in accordance with this Agreement, you must sign up for an Omnificent account (“Account”). To sign up for an Account, you must provide a valid username and password that complies with Omnificent’s technical requirements (together, the “User ID”). You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, will form your “Profile Information”, and allow you to access your Account.  You will provide true, accurate, current, and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to Omnificent that you have not misrepresented any Profile Information.  You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information.  If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Omnificent immediately.  It is your responsibility to update or change your Account or Profile Information, as appropriate.

 

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Omnificent subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting [email protected]. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.

 

Submission of content
The Site and the Services available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Omnificent for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing, or uploading it.

 

Omnificent will use the Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to Omnificent a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all, or any portion of such Content, solely in connection with providing the Services to you.  This license includes the right to host, index, cache or otherwise format your Content to provide the Services.

 

You represent and warrant that you own your Content or have the necessary licenses, rights, consents, and permissions to grant the license set forth herein and that its provision to Omnificent or Omnificent’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

 

You agree that Omnificent is not responsible for any violations of any third-party intellectual property rights in any Content that you submit to Omnificent. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed, or otherwise provided by you to the Site.

 

Monitoring
Omnificent may, but has no obligation to, monitor Content on the Site, or any website created using our Services.  You consent to such monitoring.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Omnificent or its customers, or operate the Site or Services properly, or improve the Site or Services.  Omnificent, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policy or anything Omnificent deems inappropriate or unsuitable.

 

Acceptable use and conduct

You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:

  • infringes, violates, or misappropriates any primary or third party’s intellectual property or proprietary rights;
    • contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • is misleading, deceptive, or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
    • is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
    • is harmful to minors in any way;
    • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise objectionable, as reasonably determined by Omnificent;
    • impersonates an Omnificent employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
    • interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
    • uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
    • facilitates the unlawful distribution of copyrighted Content;
    • except as expressly permitted by Omnificent, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing, or service bureau use;
    • includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;
    • constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
    • stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
    • collects, uses, or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
    • requests, solicits, or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
    • attempts to gain unauthorized access to the computer systems of Omnificent or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
    • posts adult or pornographic Content;
    • decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other Omnificent technology;
    • copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes, or disseminates all or any part of the Site or Services;
    • accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface, or graphics as those found in the Site or Services;
    • accesses the Site or Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; or
    • accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.

 

Disclaimer of warranties

YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD-PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  OMNIFICENT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. 

 

OMNIFICENT DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME-TO-TIME OMNIFICENT MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.  YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT OMNIFICENT, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.  OMNIFICENT MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.

 

OMNIFICENT IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY OMNIFICENT, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY OMNIFICENT.

 

You are solely responsible for ensuring that Your CONTENT is compatible with THE SITE AND SERVICES. Omnificent disclaims any liability or responsibility for any unauthorized use of Your CONTENT by third parties or OTHER Users of THE SITE AND SERVICES and is not responsible for protecting Your CONTENT.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMNIFICENT OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

THE SITE AND SERVICES ARE offered and controlled by Omnificent from its facilities in Canada. Omnificent makes no representations that THE SITE OR SERVICES ARE appropriate or available for use in other locations. Those who access or use THE SITE OR SERVICES from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

Exclusive remedy and limitation of liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL OMNIFICENT OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF OMNIFICENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO THIS AGREEMENT. OMNIFICENT’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNTS YOU PAID TO OMNIFICENT IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE.  TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OMNIFICENT’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, OMNIFICENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO OMNIFICENT OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

 

THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN OMNIFICENT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT OMNIFICENT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

Omnificent will have no liability whatsoever for any damages, liabilities, losses, or any other consequences that you may incur as a result of any opinion, modification, suspension or discontinuance of the Site and/or the Services.

 

Waiver of jury trial and class action rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

 

Limitation of time
You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

 

Indemnity

You agree to indemnify, defend and hold harmless Omnificent, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Profile Information and any third party Content forming part of the Site;  (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein.  Omnificent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Omnificent and you agree to cooperate with Omnificent’s defense of these Claims. You agree not to settle any matter without the prior written consent of Omnificent.  Omnificent will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

 

Cancellation and termination

You may cancel your Account at any time through the web interface provided as part of the Services. Alternatively, you can also e-mail [email protected] for this request. These are the only methods to cancel your account. Phone requests to cancel your Account will not be accepted.

 

Omnificent is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or may keep your Account and your Content for up to 7 days following the last day of the month of cancellation.

 

Omnificent reserves the right at any time, and without cost, charge, or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Omnificent reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.  

 

Miscellaneous

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia and the federal laws of Canada, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under this Agreement against Omnificent. Notwithstanding the foregoing, Omnificent may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Omnificent through injunctive relief and other equitable remedies without proof of monetary damages.

 

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

 

You agree that if Omnificent does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Omnificent has the benefit of under any applicable law), this will not be taken to be a formal waiver of Omnificent’s rights and that those rights or remedies will still be available to Omnificent.

 

This Agreement, along with any applicable Services Agreement, is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation, or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement. 

 

Should any of the terms and conditions or privacy policies be deemed void, inapplicable, not enforceable by the legal and able jurisdiction in which Omnificent’s corporation operates under, the section which needs rectification and modification will be amended to reflect both the intent of Omnificent, and the enforceable language under which the correct provisions of the jurisdiction deems it acceptable. The remaining enforceable terms and conditions however do not become affected and continue standing in the court of law.

 

Privacy Policy

Please refer to Omnificent’s privacy policy by clicking here. 

 

 

Agreement

Should you use and/or browse the website, you agree to all the terms and conditions between you and Omnificent through this website. Additionally, this agreement binds the legalities between you and the content produced and made available by Omnificent. Any agreement you may have had with Omnificent is considered void through the usage of this website regardless of its validity. When you are on this website, these terms and conditions supersede any legality you may have entered with Omnificent in the past, as well as any potential legality or contract you may enter with Omnificent in the future, concerning the use of this website.

 

Contacting Omnificent

You may contact Omnificent by email at [email protected]

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