WHAT IS OMNI ID?

WHAT IS OMNI ID?

Omni ID is how you log in to Stenciltown, our free community for Creative Commons stencils. Omni ID is a new login that we’ve rolled out for this service, and is not tied to your existing Omni Sync Server or Omni Forums accounts.

IMPORTANT. PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT.

The document that follows this paragraph represents the Terms of Use for the Stenciltown service. We think you will find the terms of use quite reasonable. Obviously, if you disagree, don’t create an account or use the Stenciltown service. Please don’t just stop there, though. Let us know. Send some email to info@omnigroup.com telling us what you find unacceptable. We can’t promise to change anything, but we will read and consider your concerns, and we will respond to your email.

STENCILTOWN TERMS AND CONDITIONS OF USE

THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) IS A LEGAL AGREEMENT between you (either an individual or an entity) and Omni Development, Inc. (“the Omni Group”). By clicking on the “Agree” button or installing, using or benefiting from the Stenciltown service (“Service”), you are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not click on the “Agree” button and you may not access or otherwise use or benefit from the Service in any manner.

1. License to Service; Conditions

The Omni Group grants to you a non-exclusive, limited right to use and access the Service subject to your compliance with the terms and conditions contained in these Terms of Use.

2. Stencils

(a) The Service allows you to submit stencils that you create to the Omni Group. You acknowledge and agree that (i) the stencils that you submit to the Omni Group are subject to the Creative Commons 1.0 Universal license (“CC0”) included at the end of these Terms of Use and incorporated into these Terms of Use, and (ii) the Omni Group, other users of the Service and other third parties may use your stencils free of charge under the terms of CC0. For purposes of reading these terms together with CC0, you are deemed to be the “Affirmer”, and each of your stencils is deemed to be a “Work”, as those terms are defined in CC0.

(b) You further acknowledge and agree that your use of stencils you access through the Service will be subject to CC0.

(c) The Omni Group may display your user ID next to any stencils that you submit to the Service.

(d) The Omni Group retains the right in its sole discretion to remove any stencils or other materials submitted to the Service at any time without notice.

3. Disclaimer

The Service (including all stencils provided through the Service) is provided “as is”. The Omni Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4. Limitations

IN NO EVENT SHALL THE OMNI GROUP, ITS AFFILIATES OR THEIR SUPPLIERS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF ANY PART OF THE SERVICE, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, OR FOR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OF, OR THE PERFORMANCE OF, THE SERVICE, STENCILS OR WORKS. This exclusion and limitation shall apply even if any remedy fails of its essential purpose.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE CUMULATIVE LIABILITY OF THE OMNI GROUP, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING ANY PROVISION OF THESE TERMS OF USE), TORT, OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER OF DIRECT DAMAGES IN THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE OMNI GROUP, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy, posted at http://www.omnigroup.com/legal/privacy/, in order for you to understand how we collect, use, communicate and disclose and make use of personal information.

6. Termination

You may terminate these Terms of Use at any time by sending an email to info@omnigroup.com. The Omni Group reserves the right to terminate the Service and these Terms of Use at any time for any reason.

7. Miscellaneous

In any suit or other action to enforce any right or remedy under or arising out of these Terms of Use, the prevailing party shall be entitled reasonable attorneys’ fees together with expenses and costs that such prevailing party incurs. These Terms of Use shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods or conflicts of law principles that would require the application of law of a different jurisdiction. Venue for any action under these Terms of Use shall be limited to the federal and state courts located in Seattle, Washington. The failure by the Omni Group to enforce any provision of these Terms of Use shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

CONSENT TO TERMS OF USE IMPORTANT NOTICE: Clicking or authorizing the clicking of the “Agree” button below is a symbol of your electronic signature that you are authorized, and in so doing, accept and agree to be bound by all provisions of these Terms of Use. Do not proceed and click “Disagree” if you are not authorized and/or you do not agree to all of the provisions of these Terms of Use.

CCO 1.0 UNIVERSAL

Statement of Purpose

The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an “owner”) of an original work of authorship and/or a database (each, a “Work”).

Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works (“Commons”) that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.

For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the “Affirmer”), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.

1. Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights (“Copyright and Related Rights”). Copyright and Related Rights include, but are not limited to, the following:

  1. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
  2. moral rights retained by the original author(s) and/or performer(s);
  3. publicity and privacy rights pertaining to a person’s image or likeness depicted in a Work;
  4. rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
  5. rights protecting the extraction, dissemination, use and reuse of data in a Work;
  6. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
  7. other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.

2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer’s Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “Waiver”). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer’s heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer’s express Statement of Purpose.

3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer’s express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer’s Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “License”). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer’s express Statement of Purpose.

4. Limitations and Disclaimers.

  1. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
  2. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
  3. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person’s Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
  4. Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.