Updated 1 year and 1 month ago
Terms of Service
Effective date: February 1, 2022
Article 1: Contract
Section 1.1 You agree that by clicking “Buy it for $20”, “Pay” or similar, registering, accessing, or using our Services (described below), you are agreeing to enter a legally binding contract with Neatnik LLC (even if you are using our Services on behalf of an entity like a company or corporation etc.).
Section 1.2 If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Buy it for $20”, “Pay” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Section 1.3 omg.lol, Neatnik LLC, and you.
Part a. Registered users of our Services are “Members” and unregistered users are “Visitors”. Either Member or Visitors may be referred to as “You”. When you register for our services or/and join omg.lol, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
Part b. You are entering into this Contract with Neatnik LLC, a Kentucky Limited Liability Company, doing business as omg.lol, (also referred to as “we” and “us” or “omg.lol”).
Section 1.4 Services and Application of the Contract
Summary: This contract applies to you and omg.lol and related sites.
Part a. This Contract applies to omg.lol and other omg.lol related sites, apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services.
Section 1.5 Changes to the Contract
Summary: We may make changes to the contract.
Part b. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their Effective date.
Article 2: Obligations
Section 2.1 Eligibility for Services
Summary: You are eligible to enter this Contract and you are at least our “Minimum Age.”
Part a. “Minimum Age” means 13 years old. However, if law requires that you must be older for omg.lol to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Part b. The Services are not for use by anyone under the Minimum Age. omg.lol does not knowingly collect personal identifiable information from children under the Minimum Age without verifiable parental consent. If it is determined that such information has been inadvertently collected on under the Minimum Age, we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the Minimum Age must seek and obtain parent or guardian permission to use this website.
Part c. To use the Services, you agree that:
- you must be the "Minimum Age"(described below) or older; and
- you are not already restricted from using the Services.
Part d. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.
Section 2.2 Your Account
Summary: You will keep your password secret, not share your account, and follow our rules and the law.
Part a. Members are account holders. You agree to:
- use a strong password and keep it confidential for the Services; however if you choose to not use a password for such Services, use a strong password and keep it confidential for the email accounts used to access the Services without a password for the Services;
- not transfer any part of your account;
- follow the law; and
- follow our list of “Do’s and Don’ts”.
Part b. You are responsible for anything that happens through your account unless you close it or report misuse.
Section 2.3 Payment
Summary: You’ll honor your payment obligations, and you agree that we may store your payment information. You understand that there may be fees and taxes that are added to our prices.
Part a. If you buy any of our Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the Services. Failure to pay these fees will result in the termination of your Services.
Part b. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- If you choose this as an option and we make such option available, we may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you choose this as an option and we make such option available, if you purchase a subscription, your payment method automatically may be charged at the start of each subscription period for the fees and taxes applicable to that period.
- To avoid an interruption in services if you do not choose automatic renewal or if such an option is not available, you must pay for such services ahead of time. In this case, please do not ignore any subscription renewal notices.
- All of your purchases of Services are subject to our refund policy, which is all purchases of Services are final and non-refundable, subject to the applicable law.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Part c. You can get a copy of your invoice through https://home.omg.lol/billing.
Section 2.4 Notices and Messages
Summary: You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
Part a. You agree that we will provide notices and messages to you in the following ways:
- within the Service, or
- sent to the contact information you provided us (e.g., email, mobile number, physical address).
Part b. You agree to keep your contact information up to date. Please review https://home.omg.lol/account to control and limit messages you receive from us.
Section 2.5 Sharing and Information
Summary: When you share information on our Services, others can see, copy, and use that information.
Part a. Our Services allow the sharing of information in many ways. Where we have made settings available, we will honor the choices you make about who can see content or information.
Part b. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Article 3: Rights and Limits
Section 3.1 Your License to omg.lol
Summary: You own all the content, feedback, and personal information you provide to us, and you also grant us a non-exclusive license to it. This license is what allows us to publish it on your behalf, when you wish to do so.
Part a. As between you and omg.lol, you own the content and information that you submit or post to the Services, and you are only granting omg.lol and our companies controlling, controlled by or under common control with us (“Affiliates”) the following non-exclusive license:
- A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will not include your content in advertisements for the products and services of third parties to others without your separate consent. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services.
- We will get your consent if we want to give others the right to publish your content beyond the Services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Part b. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
Part d. By submitting suggestions or other feedback regarding our Services to omg.lol, you agree that omg.lol can use and share (but does not have to) such feedback for any purpose without compensation to you.
Part e. You agree to only provide content or information that does not violate the law, nor anyone’s rights (including intellectual property rights). If you or anyone else identifies content or information that violates the law, they may report it according to the Article titled “Article 10: How to Contact Us”. omg.lol may at its sole discretion remove any content (or information) or remove a Member.
Part f. You agree that your profile information will be truthful.
Part g. omg.lol may be required by law to remove certain information or content in certain countries. If you have identified any such information to be removed, please contact us according to the Article titled “Article 10: How to Contact Us”.
Section 3.2 Service Availability
Summary: We may change or end any Service or modify our prices prospectively.
Part a. We may change, suspend, or discontinue any of our Services.
Part b. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
Part d. We make no representation, warranty or condition regarding the availability or operability of the Services at any time.
Section 3.3 Content, Links, and Information
Summary: Your use of others’ content and information posted on our Services, is at your own risk. We aren’t responsible for Members or third-party activities
Part a. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful.
Part b. omg.lol generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
Section 3.4 Limits on the Services
Summary: We have the right to limit your use of the services.
Part a. omg.lol reserves the right to limit your use of the Services.
Part b. omg.lol reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Article 8: omg.lol “Do’s and Don’ts” List or the Acceptable Use Policy).
Section 3.5 Intellectual Property Rights
Summary: We’re providing you notice about our intellectual property rights.
Part a. omg.lol reserves all its intellectual property rights in the Services. omg.lol, logos, and other omg.lol trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of omg.lol.
Part b. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
Article 4: Disclaimer and Limit of Liability
Summary: This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
Section 4.1 No Warranty
Part a. OMG.LOL AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Part b. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OMG.LOL AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Section 4.2 Exclusion of Liability
Part a. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS OMG.LOL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), OMG.LOL, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
Part b. OMG.LOL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO OMG.LOL FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY.
Section 4.3 Basis of the Bargain; Exclusions
Summary: We limit our liability.
Part a. The limitations of liability in this Article, titled “Article 4: Disclaimer and Limit of Liability” are part of the basis of the bargain between you and omg.lol and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if omg.lol or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Part b. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Article 5: Termination and Survival
Summary: We can each end this Contract, but some rights and obligations survive.
Section 5.1 Both you and omg.lol may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.
Section 5.2 The following shall survive termination:
Part a. Our rights to use and disclose your feedback.
Part b. The Articles of this Contract titled:
- ”Article 4: Disclaimer and Limit of Liability”,
- ”Article 6: Governing Law, Venue, and Dispute Resolution”,
- ”Article 7: General Terms”, and
- ”you agree that you will not, in any combination and without limitation:”.
Part c. Any amounts owed by either party prior to termination remain owed after termination.
Section 5.3 The account may be closed by inquiring with us by the Article titled “Article 10: How to Contact Us”.
Article 6: Governing Law, Venue, and Dispute Resolution
Summary: In the unlikely event we end up in a legal dispute, you and omg.lol agree to resolve it by the following reasonable means.
Section 6.1 This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
Section 6.2 omg.lol and you (the “parties”) will attempt to settle any claim or controversy arising out of this Contract through consultation and negotiation in good faith and a spirit of mutual cooperation.
Section 6.3 If those attempts fail, then, except for disputes related to alleged patent, copyright, or trademark infringement, the dispute will be mediated in good faith by the parties by a mutually acceptable mediator to be chosen by omg.lol and you within thirty (30) days or any such period agreed to by the parties after written notice by the other demanding mediation. Such mediation is governed by the following:
Part a. Neither party may unreasonably withhold consent to the selection of a mediator, and omg.lol and you will share the costs of the mediation equally.
Part b. If the parties cannot agree to a choice of mediator, each party shall choose a non-conflicted neutral mediator and omg.lol shall flip a coin to decide which mediator shall be chosen. The other party may demand video proof of the flipping of the coin.
Part c. Venue for mediation shall be in a location within the United States that is mutually convenient and acceptable to the parties. If a venue for mediation cannot be mutually agreed upon then such mediation may be done conducted partially or wholly by teleconference or videoconference and the parties agree that nothing in this agreement requires any of the mediator, the parties or their lawyers to be physically present in the same room at the same time.
Part d. By mutual agreement, however, the parties may postpone mediation until they have each completed some specified but limited discovery about the dispute.
Part e. The parties may also agree to replace or supplement mediation with some other form of alternative dispute resolution (“ADR”), such as neutral fact-finding or arbitration.
Part f. Any dispute which the parties cannot resolve through negotiation, mediation, or other form of ADR within four (4) months of the date of the initial demand for it may then be submitted to a trier of fact identified in Section 6.5 for resolution.
Part g. The use of any ADR procedures will not be construed under the doctrines of latches, waiver, or estoppel to affect adversely the rights of either party. Nothing in this Article titled “Article 6: Governing Law, Venue, and Dispute Resolution” will prevent either party from resorting to judicial proceedings if (a) good faith efforts to resolve the dispute under these procedures have been unsuccessful or (b) interim relief from a court is necessary to prevent serious and irreparable injury to one party or to others.
Section 6.4 You and omg.lol agree that the laws of the State of Kentucky, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services.
Section 6.5 You and omg.lol both agree that all claims and disputes can be litigated only in the federal or state courts in Jefferson County, Kentucky, USA, and you and omg.lol each agree to personal jurisdiction in those courts. Such claims shall be limited to the amount of money exchanged between the parties.
Article 7: General Terms
Section 7.1 If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
Section 7.2 This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
Section 7.3 If we don’t act to enforce a breach of this Contract, that does not mean that omg.lol has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that omg.lol may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
Section 7.4 You agree that the only way to provide us legal notice is at the addresses provided in Article 10.
Section 7.5 You agree that the Summary sections of the Contract have no legal effect, and shall not bind the parties.
Article 8: omg.lol “Do’s and Don’ts” List
Section 8.1 Do’s. You agree that you will, in any combination:
Part a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Part b. Provide accurate information to us and keep it updated.
Part c. Use your real name on your account information.
Part d. Use the Services in a professional manner.
Section 8.2 Don’ts. You agree to the Acceptable Use Policy that is incorporated herein by reference.
Article 9: Complaints Regarding Content
Section 9.1 We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
Section 9.2 We provide a DMCA policy and a process within that policy for complaints concerning copyrighted content posted by our Members.
For all other complaints about content please use the proper channel in the Article titled “Article 10: How to Contact Us”.
Article 10: How to Contact Us
Section 10.1 For general inquiries about content, you may contact us online at https://home.omg.lol/info/contact/.
Section 10.2 For copyright violation issues, you agree to and shall use the DMCA policy found below.
Section 10.3 For all other legal notices or service of process, you may write us at this address:
c/o Legalinc Corporate Services Inc.
4965 US Hwy 42
Louisville, KY 40222
Effective date: February 1, 2022
This Policy relates only to omg.lol and our company, not to any third-party site or service linked to our Services or recommended or referred by us or through our Services.
Article 1: Information We Collect
Section 1.1 Personal Information
Part a. As is obvious, the contact forms in our Services collect first name, last name, and e-mail address.
Part b. We, and/or our contractors, collect and store any information you choose to put in an e-mail or contact form you send us.
Part c. Our Services do not collect payment information, for which you will be directed to a payment contractor.
Section 1.2 Usage Data
Part a. We, and/or our contractors, also collect data on how our Services are used for example: number of page visits and duration, type of browser. This “usage data” includes what some jurisdictions consider personal information, like visitors’ devices’ Internet Protocol (“IP”) addresses (which may allow a person to infer general location).
Part b. Some of this usage data may come through “cookies” or other technologies. A cookie is a string of data our system sends your device and then uses to identify that device when used to return to our Services. If you do not wish to have Cookies collect such usage data, you can set up most browsers to refuse all cookies. If you wish to see what Cookies are being used you may setup your browser to notify you of any cookies you receive. The cookies that we know are used in our services are found in our Cookie List.
Part d. At times if you don’t accept certain cookies, you might impact your use of our Services.
Section 1.3 Minimum Age
Part a. Our Services is not meant to collect information from anyone under the Minimum Age.
Part b. If you know of children’s information collected through our Services, please contact us pursuant to the article of the Terms of Service titled “Article 10: How to Contact Us”.
Article 2: Our Use of Personal Information
Section 2.1 We use your personal information to communicate with you like by e-mail or through our contact forms.
Section 2.2 We use technologies, which includes Cookies (if any) on the Cookies List, and the personal information they collect, so that, for example, our Services can remember your device(s) and give you the information you’re most likely to need.
Section 2.3 We use information gained through other technologies, which includes Cookies (if any) on the Cookies List, to compile information about use of our Services and for security.
Section 2.4 We use personal information collected by technologies, which includes Cookies (if any) on the Cookies List, on our Services for tracking, as explained below.
Article 3: User Tracking and Do Not Track Notice
Section 3.1 We and/or some of our contractors may track certain Services users across third party websites beyond our Services. That tracking includes certain personal information (i.e., IP address). See below as to our contractors.
Section 3.2 Our Services do not respond to Do Not Track (“DNT”) signals or turn off tracking. DNT is a setting in a web browser (not a universal standard) that expresses a preference that websites do not track your on-line behavior elsewhere.
Article 4: Retention of Personal Information
Article 5: Transfer of Personal Information
Section 5.1 We may store or process your data outside your city, province, state, or country, including through one of our contractors (described below).
Section 5.2 Your personal information may be stored in a jurisdiction that operates under privacy and data protection laws different from (and potentially less protective than) those of your home jurisdiction.
Article 6: Contractor and Other Third-Party Access to Personal Information
Section 6.1 We may disclose personal information, such as to third parties, attorneys or law enforcement authorities, to address contract violations or illegal behavior, or to enforce our rights.
Section 6.2 We disclose information demanded in a court order, subpoena, or otherwise required by law, or to prevent harm to persons or property.
Section 6.3 We may share personal information in connection with a corporate transaction, like a merger or sale of our company, the sale of most of our assets, or a bankruptcy.
Section 6.4 Certain contractors can access data we collect, including personal information. Notably:
Part a. Stripe, Inc. found at https://stripe.com, (“Stripe”) whose privacy policies may be found at https://stripe.com/privacy. Stripe helps us with payment processing.
Section 6.5 Except where explicitly stated to the contrary in this Policy, in some cases, particularly given the limited amount and type of information and data collected through omg.lol, we have not restricted contractors’ own use or disclosure of that information or data. We are not responsible for the conduct or policies of Stripe, or other contractors.
Section 6.6 We compile Service usage statistics from data collected, which includes data from Cookies (if any) on the Cookies List. We may publish those statistics or share them with third parties.
Section 6.7 Protection of Personal Information.
Part a. We do not directly store the personal information, which includes data from Cookies (if any) on the Cookies List, and other mechanisms at our site (with exceptions described below).
Part b. The data we don’t store ourselves is collected and stored by our contractors, under their policies and procedures. See above for information on those contractors and their policies.
Part c. We store information you send us via e-mail and through contact forms (such as your contact information) and information gained through your use of our Services, such as in our server logs. We keep that information on password-protected computers and share it only with contractors who have agreed to use it only as we instruct.
Part d. We do not guarantee the security of personal information or other data, including during transmission and storage.
Part e. Use of the Services is at your own risk.
Article 7: Accessing and Correcting Your Personal Information
Section 7.1 You can access and change contact information we store about you by using the contact information in the article of the Terms of Service titled “Article 10: How to Contact Us”.
Article 8: Special Notices Related to Privacy Laws
Section 8.1 We provide this Policy to be transparent to our users.
Section 8.2 We do not suggest, and this policy does not mean that, legal responsibilities apply that would not otherwise apply. Legal protections for personal information and what information is governed are different in many if not all jurisdictions, inside and outside and among the States, and localities of the United States. These laws are rapidly evolving and complex.
Section 8.3 Not all laws, including collection notice requirements, apply to all entities, individuals, or information, in all locations, or in all circumstances. For example, omg.lol is not a “business” as so defined and regulated by the California Consumer Privacy Act (“CCPA”).
Section 8.4 Without conceding that either the CCPA or any data privacy law outside the United States (like, but not limited to, those applying in the European Economic Area (“EEA”), Switzerland, the United Kingdom, or Brazil) applies to data including personal information collected through our Services:
Part a. We process (use) the personal information you give us by e-mailing us or in contact forms (e-mail address, other information you choose to provide) because, by contacting us and providing that information, you have authorized us to use it.
Part b. We (and/or our contractors) process usage data, like number of page visits and IP addresses. That data is used for to, for example, understand usage of and manage our Services (which is within our legitimate interest), and otherwise as described in and pursuant to your consent to this Policy.
Part c. We also process personal information wherever we have a legal obligation, for instance, if it is subpoenaed.
Section 8.5 CCPA
Part a. Entities which the CCPA defines as a “business” (which omg.lol is not) have special obligations to Californians including, for example, to respond to requests “to know,” for copies of “personal information” (as defined by the CCPA), and to delete it; to provide specific collection notices; if personal information is “sold,” to post a “do not sell” link and implement requests to opt-out of sale.
Part b. omg.lol is not a “business” required to do so by the CCPA.
Section 8.6 GDPR
Part a. Individuals in certain jurisdictions outside the United States (for example “data subjects” in the EEA) have rights as to certain entities processing their “personal data” (for example, as defined by the European Union’s General Data Protection Regulation (“GDPR”) including, for example, to access, update, or delete it; to have it altered if inaccurate or incomplete; to object to processing or request a company restrict how it is processed; to withdraw consent to processing; to receive a copy, in a structured, machine-readable, and commonly used format; to complain to a data protection authority (a government agency) about management of personal data.
Part b. omg.lol does not believe its processing of limited personal data of those outside the United States (if any) brings it within the jurisdiction of these laws.
Section 9.2 The new version will become effective on the date it is posted, which will be listed at the top of the page as the new “Effective Date”.
Section 9.3 If there are tracking Cookies that are implemented by our website, there may a a “cookie banner” appearing each time the Website is accessed, users are invited to view (and are deemed to have accepted and agreed to) the Policy.
Article 10: Contact Information
Section 10.2 We strive to keep the Services reasonably accessible to users with disabilities, but you may contact us if you require a reasonable accommodation.
Section 10.3 Please do not provide us personal information about others unless you have their permission.
Effective date: February 1, 2022
This policy statement lists our requirements for notice of copyright infringement and for responses to such a notice if you or your materials are accused. This policy adopts the definitions found in the omg.lol Terms of Service.
We use the copyright infringement procedures of the Digital Millennium Copyright Act.
Summary: You can’t use our Services to share content that you don’t have the right to share, and we will remove any such content when requested through the process outlined below.
Article 1: Notice of Copyright Infringement
Section 1.1 To notify us of copyright infringement, you must send a written communication to our Copyright Notices Department, at the contact points listed below in Article 3. That written communication should include the following:
Part a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Part b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Part c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Part d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
Part e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Part f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Article 2: Counter-Notice by Accused Subscriber
Section 2.1 If you are a subscriber and we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Notice Department, at the contact points listed in Part C below.
Section 2.2 That written communication should include the following:
Part a. A physical or electronic signature of the subscriber.
Part b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
Part c. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Part d. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the United States District Court for the Western District of Kentucky, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Article 3: Agent for Notices
Section 3.1 Please send all notices required by this policy to our Copyright Notice Department at:
c/o Legalinc Corporate Services Inc.
4965 US Hwy 42
Louisville, KY 40222
Article 4: Termination of Repeat Infringers
In appropriate circumstances, we will terminate the accounts of subscribers who are repeat copyright infringers.
Article 5: Revision of Policy
We may revise this policy at any time, including by posting a new version at this website.
Acceptable Use Policy
Effective date: February 1, 2022
This Policy adopts the definitions found in the omg.lol Terms of Service.
Article 1: Unacceptable Use
Section 1.1 omg.lol requires that all customers and other users of the Service conduct themselves with respect for others.
Section 1.2 In general, you agree that you will not, in any combination and without limitation:
Part a. Use or attempt to use another’s account.
Part b. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
Part c. Override any security feature or bypass or circumvent any access controls or use limits of the Service.
Part d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of omg.lol.
Part e. Disclose information that you do not have the consent to disclose (such as confidential information of others).
Part f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
Part g. Violate the intellectual property or other rights of omg.lol, including, without limitation, in any combination:
- copying or distributing our videos or other materials;
- copying or distributing our technology, unless it is released under open source licenses;
- using the word omg.lol or our logos in any business name, email, or URL except by our consent.
Part h. Post anything that contains software viruses, worms, or any other harmful code.
Part i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
Part j. Imply or state that you are affiliated with or endorsed by omg.lol without our express consent.
Part k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without omg.lol’s consent.
Part l. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages.
Part m. Monitor the Services’ availability, performance or functionality for any competitive purpose.
Part n. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
Part o. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an information included on the Services).
Part p. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
Part q. Violate the policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, where applicable.
Section 1.3 In particular, you agree to observe the following rules in your use of the Service (without limitation):
Part a. Abusive Behavior. Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
Part b. Privacy. Do not violate the privacy rights of any person. Do not cooperate in or facilitate identity theft. Do not collect or disclose any Personal Information without the subject’s prior consent.
- “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person or household.
- Personal Information includes (without limitation) all of the following: Social Security numbers, other personal tax ID numbers, military identification numbers, student identification numbers, passport numbers, driver’s license numbers, other government identification numbers, financial account data, payment card numbers, biometric information, health or medical information, insurance information, usernames, Internet protocol addresses, passwords, access codes, and security questions, as well as any information that if compromised could permit a person to assume the identity of another person.
Part c. Intellectual Property. Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
Part d. Hacking, Viruses, & Network Attacks. Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
Part e. Spam. Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-SPAM Act of 2003.
Part f. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
Part g. Violations of Law. Do not violate any applicable law or regulation.
Article 2: Consequences of Violation
Section 2.1 Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action.
Section 2.2 In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations.
Section 2.3 Provider reserves the right to take any other remedial action it sees fit. However, Provider is not required to take any action against any customer or user violating this AUP.
Article 3: Reporting Unacceptable Use
Section 3.1 Provider requests that anyone with information about a violation of this AUP report it pursuant to the article of the Terms of Service titled “Article 10: How to Contact Us”:
Part a. Provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, and
Part b. details of the violation.
Article 4: Revision of AUP
Section 4.1 Provider may change this AUP at any time by posting a new version on this page and providing written notice.
Section 4.2 The new version will become effective on the date of such notice.
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