OmniPanel | Terms of Service

Last updated: 05/24/2021

‍

Welcome to OmniPanel, a service provided by OmniPanel Technologies, Inc., a Delaware Corporation (“Company”, “we”, “our”, “us”).

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.omnipanel.io and our web application OmniPanel (together or individually “Service”) operated by OmniPanel Technologies, Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.omnipanel.io/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

‍

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hello@omnipanel.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service. Thank you for your understanding.

CONSENT TO COMMUNICATION

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

SUBSCRIPTIONS TO THE SERVICE

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or OmniPanel Technologies, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the OmniPanel customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize OmniPanel Technologies, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, OmniPanel Technologies, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FREE TRIAL PERIOD

OmniPanel may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by OmniPanel Technologies, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, OmniPanel Technologies, Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

FEE CHANGES

OmniPanel Technologies, Inc. in its sole discretion and at any time, may modify Subscription fees for the provided subscription services. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. OmniPanel Technologies, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, data, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

In addition, Content found on or through this Service are the property of OmniPanel Technologies, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.

RESTRICTIONS OF USE

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to use the service in any way that:

Is patently offensive, such as posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
Intimidates, threatens, or otherwise harasses other users of the Service or OmniPanel employees and contractors, or advocates harassment of another person;
Is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
Exploits people of any age in a sexual or violent manner, or attempts to collect personal information about any other user of the Service or any third party without such user or third party’s informed consent
Contains sexually explicit Content
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
Uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
Promotes illegal or unauthorized copying of another person’s copyrighted work, such as, by way of example only, providing pirated computer programs or links to them, providing information to circumvent copy-protection devices, or providing pirated images, audio or video, or links to pirated images, audio or video files
Contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code
Solicits personally identifiable information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes
Infringes any third party’s copyrights or other rights (including but not limited to other intellectual property rights and privacy rights).
Otherwise attempts to interfere with the proper working of Service.

ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

ELIGIBILITY

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account from the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. OmniPanel reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

INTELLECTUAL PROPERTY

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OmniPanel Technologies, Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OmniPanel Technologies, Inc..

COPYRIGHT

We respect the intellectual property rights of others and we ask our users to do the same. OmniPanel will promptly remove infringing Content in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, OmniPanel may terminate the Accounts of repeat copyright infringers.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@omnipanel.io, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

DMCA TAKEDOWN NOTICE

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

Your name, address, telephone number, and email address (if any);
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on OmniPanel, sufficient for OmniPanel to locate the material;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via email to legal@omnipanel.io. Please note you may be held accountable for any damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service.

BUG REPORTING & SERVICE FEEDBACK

You may provide us either directly at hello@omnipanel.io or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

EXTERNAL WEBSITE LINKS

Our Service may contain links to third party web sites or services that are not owned or controlled by OmniPanel Technologies, Inc. OmniPanel has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT OmniPanel Technologies, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT OMNIPANEL IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICE, WHETHER ON OR OFF THE SERVICE. OMNIPANEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE.
OMNIPANEL HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT (AS DEFINED IN SECTION 5) AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SERVICE COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS.
OMNIPANEL PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. OMNIPANEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, OMNIPANEL MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY USER; (D) CONCERNING ANY THIRD PARTY’S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SERVICE OR WILL BE STORED BY OMNIPANEL; (F) THAT OMNIPANEL WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE; (G) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICE, EVEN IF LINKED TO, FROM OR THROUGH FROM THE SERVICE.
IN NO EVENT WILL OMNIPANEL, ITS AFFILIATES AND/OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR CLAIM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE OR ANY CONTENT ON THE SERVICE.
OMNIPANEL'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TERMINATION

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

CHANGES TO THE SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

MODIFICATIONS TO THE TERMS

You agree that, from time to time, OmniPanel may (in its sole discretion) modify, add or remove any or all parts of these Terms and/or the Service. OmniPanel will post any changed version of these Terms and indicate its effective date at the top of the Terms. Such modifications will be effective immediately upon posting of the modified Terms. Each time you access or use the Service, you should check to see if the Terms or Privacy Policy has changed. Whether you do so or not, the Terms and Privacy Policy in effect at each time you access or use the Service will apply at such time. If we make any material changes, we will use commercially reasonable efforts to notify you by means of a notice on the Service. Your continued use or access of the Service following the posting of changes to these Terms indicates your acceptance of those changes.

QUESTIONS

Any questions, complaints or claims with respect to the Service should be directed to:

By email: hello@omnipanel.io

‍

Terms of Service