Terms of Use Agreement

Terms of Use Agreement

This Terms of Use Agreement (the “Agreement”) constitute a binding agreement between Omicron Media, Inc. (“Omicron,” “we,” or “us”) and you concerning your use of omicronmedia.com (the “the Site”). By visiting the Site, you accept this Agreement. If you do not wish to be bound by this Agreement, do not use the Site.

This Agreement does not apply to websites or platforms outside of this specific site that we operate. Each operating business uses a different terms of use/service and we refer you to each website’s terms for more details.

1. License to Use the Site

Omicron grants you a limited, non-exclusive license to access and view content on the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Omicron in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by Omicron are reserved.

2. Privacy & Eligibility

Your privacy rights are set forth in our Privacy Policy, which forms part of this Agreement. Please review the Privacy Policy to learn about what information we may collect about you, how we use it, and with whom we share it.
You must be at least 13 years of Age to access the Site. If you are at least 13 years old but under 18 years of age (or the age of legal majority where you live), you may only use our Site under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you accept the terms of this Agreement and be fully responsible for the acts or omissions of such user.

3. Submission of Content

You may submit inquiries or feedback to Omicron through the email addresses listed on the Site. Do not submit information that would be considered proprietary and confidential. Omicron is not required to review any submission of content. To the extent you submit any ideas or feedback to Omicron, you grant Omicron a perpetual, worldwide, royalty-free right and license to use such content for any purpose.

4. Representations and Warranties; Indemnification

You represent and warrant that you have the right and authority to enter into this Agreement and that by doing so, you will not violate any law or breach any obligation to any third party. You will indemnify, defend, and hold harmless Omicron and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Site; and (ii) assert a violation by you of any term of this Agreement.

5. Disclaimers and Limitations on Liability

Omicron reserves the right to modify the Site. You are responsible for providing your own access to the Site. Omicron provides the Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. Omicron expressly disclaims any and all representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Omicron shall not be liable, with respect to any claim arising out of or relating to the Site or this Agreement, for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) an amount exceeding USD $50.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

6. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida, without regard to principles of conflicts of law.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site must be commenced in the state or federal courts located in Orange County, Florida (and you consent to the jurisdiction of those courts). In any such action, Omicron and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.
No failure or delay by Omicron in exercising any right hereunder will waive any further exercise of that right. Omicron’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Omicron’s prior written consent. No third party shall have any rights hereunder.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Omicron on the Site or a written amendment signed by an authorized representative of Omicron. A revised Terms of Service will be effective as of the date it is posted on the Site.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between Omicron and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

QUESTIONS: You may submit questions about this Agreement to legal@omicronmedia.com or the following address:

Omicron Media, Inc.
807 West Morse Boulevard
Suite 101
Winter Park, Florida 32789
Attention: Legal Department