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You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (iii) represent that output from the Services was human-generated when it is not; or (iv) You will comply with any rate limits and other requirements in our documentation.
Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Omniapp hereby assigns to you all its right, title and interest in and to Output. Omniapp may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
Our Service is not directed to children who are under the age of 13. Omniapp does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to Omniapp through the Service please inform us and we will endeavor to delete that information from our databases.
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
By using our Service, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States, and within the European Union.
You waive the right to participate in class-action or class-wide arbitration.You agree and understand that any controversy, claim, or dispute arising out of or relating to terms of this agreement shall be settled solely and exclusively by binding arbitration held in the Marshall Islands and conducted in English, rather than in court, pursuant to the Arbitration Act 1980 [30 MIRC Ch 3]. You agree that this arbitration provision applies not just to disputes with Omniapp but also to disputes with any other party named or added as a co-defendant along with Omniapp at any time during a court action. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision. Each side agrees to bear its own attorney’s fees, costs, and expenses.
You agree to keep any arbitration strictly confidential.
Governing Law and Forum Choice. All actions arising out of the terms of this agreement or relating to the terms of this agreement shall be governed by the laws of the Marshall Islands.
Disputes. We have no obligation to intervene in any capacity in any dispute, including internet trolling or Twitter arguments about the future of digital assets, which may arise between users regardless of the basis of the cause of action in any worldwide jurisdiction.
Risks Related to NFTs Generally. Different jurisdictions may treat digital assets differently, and the cross-border nature of the blockchain and of digital assets may make them subject to the laws of various jurisdictions. You must always make sure that any use you make of any digital asset is compliant with all applicable laws.
In the absence of regulatory clarity, there is a risk that the digital assets may be viewed as a security, financial instrument, specified investment, or other regulated instruments. In any such event, the digital assets may not be offered or sold except pursuant to an exemption from, or a transaction not subject to, the applicable registration requirements of the applicable Laws. These restrictions may limit the transferability, value and liquidity of the digital assets. Omniapp does not intend or undertake to register the digital assets for trading on any securities exchange.
Risk of Loss. Any third party gaining access to your digital wallet can extract your digital assets and tokens, and you may not be able to identify or find such parties. Never provide any person with your wallet’s private keys or backup phrases.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Omniapp NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Omniapp OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Omniapp and you regarding the use of the platform, and these Terms supersede and replace all prior oral or written understandings or agreements between Omniapp and you regarding the platform and its services. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.