In order to use the Services, you must be at least 13 years of age. If
you are under 13-years-old, you may not use the Services and you are
instructed to leave this website or other Service. If you are between
the ages of 13 through 17 years, you may use the Services only under
the supervision and with the written consent of your parent or legal
guardian. Your profile, membership, subscription, registration,
posted content, messages, communications, and/or other materials or
accounts may be deleted and or terminated without refund or warning
if we believe, in our sole discretion, that you are under 13 years of
age, or are between the ages of 13 through 17 years and are utilizing
Services while not under the supervision and/or without the written
consent of your parent or legal guardian.
Legal Agreement Between You and Omnispawn; Visitors and Registered Users
These Terms of Service (TOS) constitute a legal agreement between the user
of the Services (“you”) and omnispawn.bigcartel.com. You must accept and
agree to, without modification, all of the terms, conditions,
restrictions and notices contained in this TOS in order to access
and/or use the Services. By using the Services, you agree to be
legally bound by this TOS, whether you are a “Visitor” (which
means that you only browse a site on the Service) or a “Registered
User” (which means that you have registered as a user of the
Services). As used herein, the terms “users” and “you” refer
to both Visitors and Registered Users of the Services. You are
authorized to use the Services (regardless of whether your access or
use is intended) only if you agree to abide by all applicable laws
and this TOS. Please read this TOS carefully and in its entirety. If
you do not agree with all of these terms, you should leave this
website and discontinue use of the Services immediately. If you do
not accept this TOS in its entirety, you do not have permission to
access or use the Services.
Modification of these Terms of Service
Omnispawn may wish to update or change this TOS from time to time to reflect
changes in the Services, changes in the laws affecting the Services,
changes in omnispawn.bigcartel.com’s policies, or for other reasons. When we
do, Omnispawn will endeavor to provide notice to users in one or
more of the following ways: (1) Omnispawn will update the “last
updated” date at the bottom of this TOS; (2) Omnispawn may
post notice of the update on the website or other Service; and/or (3)
Omnispawn may email notice of the update to the Registered
Users. You understand that Omnispawn reserves the right to make
these changes and that you are responsible for regularly reviewing
this TOS as posted on the website or other Service. Continued access
to or use of the Services after any such change shall constitute your
consent to such change. Unless explicitly stated otherwise, any new
features that change or improve the Services shall be subject to this
TOS, as modified from time to time.
Privacy Policy
You may be required to register to use the Services..To register, you may
be required to provide information about yourself, and you are
required to update this information as necessary in order to keep it
current. Additionally, data pertaining to your online communications,
transactions, purchase history and usage patterns may be collected,
analyzed and stored. Omnispawn agrees that it will use and/or
disclose your personal information in accordance with the terms of
the Privacy Policy. The Privacy Policy is hereby incorporated by
reference into this TOS. By agreeing to this TOS, you are also
agreeing to the Privacy Policy. Please carefully review the Privacy
Policy. If you do not accept the Privacy Policy in its entirety, you
are not permitted to access or use the Services. The Privacy Policy
shall supersede any conflicting terms contained in this TOS.
Community Standards
Prohibited Uses
You agree that you will not: (i) use the Omnispawn Services for any
purpose that is unlawful or contrary to these terms and conditions;
(ii) use the Omnispawn Services in any manner that could damage,
disable, overburden, or impair the Omnispawn Services or
interfere with any other party’s use and enjoyment of them; (iii)
attempt to gain unauthorized access to any Omnispawn user
account, computer systems or networks associated with the
Omnispawn Services; or (iv) obtain or attempt to obtain any
materials or information through the Omnispawn Services by any
means not intentionally made available or provided for.
Prohibited Content
You agree not to post, submit, upload or otherwise display prohibited
content on or through the Omnispawn Services, including, but not
limited to, text, photos, illustrations, graphics, audio clips, video
clips, and other music and video files (all of these things are
commonly referred to as “Content”). The following is a partial
list of the kind of Content that is illegal or prohibited to post
submit, upload or otherwise display on or through the Omnispawn
Services. Omnispawn reserves the right to investigate and take
appropriate legal action against anyone who, in Omnispawn sole
discretion, violates this provision, including without limitation,
removing the offending communication from Omnispawn Services and
terminating the subscription, membership, registration and/or use of
such violators. Prohibited content includes, but is not limited to
Content that, at the sole discretion of Omnispawn:
Is patently offensive or promotes or constitutes racism, bigotry,
hatred, bullying, or physical harm of any kind against any group or
individual; Uses racial, religious or ethnic slurs, sexually
discriminative or homophobic language, cussing, or derogatory
labeling; Harasses, bullies or advocates harassment or bullying of
another person; Exploits people in a sexual or violent
manner; Contains nudity, violence, or offensive subject matter or
contains a link to an adult or pornographic website; Solicits
personal information from anyone under 18; Publicly discloses
another individual’s private information (such as telephone
numbers, street addresses, or last name), or any modified version
thereof, without the individual’s consent; Promotes information
that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or
libelous; Promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or video or links to pirated music or video files; Involves
the transmission of “junk mail,” “chain letters,” or
unsolicited mass mailing, unsolicited instant messaging, “spimming,”
or “spamming”; Furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal
weapons, violating someone’s privacy, or providing or creating
computer viruses; Solicits passwords, promotional codes, access
codes, gift codes or personal identifying information for commercial
or unlawful purposes from other users; Involves commercial
activities and/or sales without omnispawn.bigcartel.com’s prior written
consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes; Includes a photograph of another person, or any
modified version thereof, that you have posted without that person’s
consent. Posting of subscription service exclusive content,
including media, news, links, etc.
Prohibited Activity
The following is a partial list of the kind of activity that is illegal
or prohibited on or via the Omnispawn Services. Omnispawn
reserves the right to investigate and take appropriate legal action
against anyone who, in omnispawn.bigcartel.com’s sole discretion, violates
this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not
limited to:
Accessing illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security
measures of another individual’s system (often known as
“hacking”); Criminal, illegal or tortious activity, including
child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming, sending
of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets; Advertising to, or
solicitation of, any user to buy or sell any products, services or
data through the Omnispawn Services; Soliciting any user to
buy, sell, lend, transfer or give away passwords, promotional codes,
gift codes or other access codes; Exporting encryption software
over the Internet or otherwise to points outside the United
States; Covering or obscuring the banner or other advertisements
on your personal profile page or other page via HTML/CSS or any other
means; Any automated use of the system, such as using scripts to
add friends or send comments or messages; Interfering with,
disrupting, or creating an undue burden on Omnispawn Services or
the networks or services connected to the Omnispawn
Services; Attempting to impersonate another user or person; Using
the account, username, or password of another user at any time or
disclosing your password to any third party or permitting any third
party to access your account; Selling or otherwise transferring
your profile; Using any information obtained from the
Omnispawn Services in order to harass, abuse, bully, or harm
another person; Displaying an advertisement on your profile, or
accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on or through
the Omnispawn Services, such as placing commercial content on
your profile, posting blogs or bulletins with a commercial purpose;
OR
Using the Omnispawn Services in a manner inconsistent with
any and all applicable laws and regulations.
Content Available on the Omnispawn Services
The Omnispawn Services and all the content offered through it,
including, but not limited to, text, photos, graphics, audio clips,
video clips, other music and video files and everything else you see
and hear through the Omnispawn Services (all of these things are
commonly referred to as “Content”) are owned exclusively by
Omnispawn or others who have licensed their material to
Omnispawn. The Content is therefore protected by copyrights or
other proprietary rights, which means that you and others using the
Omnispawn Services are not permitted to use the Content (and
that includes modifying, copying, downloading, uploading or
distributing the Content) except as outlined in the Terms of Service.
You are authorized only to make personal, noncommercial use of the
Content. All rights not expressly granted to you in the Terms of
Service are reserved by Omnispawn (or its licensors as the case
may be). Also, any of the names and logos (which are commonly
referred to as “Trademarks”) that appear on the Omnispawn
Services are owned by Omnispawn or their respective owners. The
Trademarks may not be used in any manner without the prior permission
of the owners. You understand that any unauthorized use of the
Trademarks or Content would result in irreparable injury to
Omnispawn for which money damages would be inadequate and in
such event Omnispawn will have the right, in addition to other
remedies available at law and in equity, to immediate injunctive
relief to prevent any such unauthorized use.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of
Omnispawn.bigcartel.com to terminate, without refund, user privileges of any
user who infringes the copyright rights of others upon receipt of
proper notification to Omnispawn by the copyright owner or the
copyright owner’s legal agent.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed; 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; 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 the service provider to
locate the material; Information reasonably sufficient to permit
the service provider to contact you, such as an address, telephone
number, and electronic mail; A statement that you have 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; and A
statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Customer Support
Omnispawn may provide information about how to use the Omnispawn Services.
If you have any questions about the Omnispawn Services or any
problems that you would like to report, please email
[email protected]. We endeavor to answer all enquiries within two (2)
business days, but please allow longer.
Additional Terms and Conditions
Personal and Non Commercial Use Only
You may use the Omnispawn Services for your own personal and
non-commercial purposes only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services that are part of the Omnispawn Services
except as expressly provided in this TOS.
Illegal and/or unauthorized use of Omnispawn Services is prohibited,
including, but not limited to (i) collecting usernames and/or email
addresses of users by electronic or other means for the purpose of
sending unsolicited email, (ii) unauthorized framing of or linking to
a Omnispawn Site or part thereof; and (ii) placing advertising
or attempting to collect revenue from advertisements placed on user
profiles or other areas of a Omnispawn Site. Except as expressly
authorized per a written agreement with Omnispawn, commercial
advertisements, affiliate links, and other forms of solicitation are
expressly prohibited, and Omnispawn reserves the right to remove
them from user profiles or other areas of a Omnispawn Site
without notice at our sole discretion; and such unauthorized
advertisement or solicitation may result in termination of user
registration, membership and other privileges, again, at our sole
discretion. Appropriate legal action may be taken for any illegal or
unauthorized use of Omnispawn Services.
Delay or Failure to Provide Services
Omnispawn is not responsible for any delay or failure to provide content,
materials or other Services where such delay or failure is due to
causes outside of Omnispawn’s control, including, but not
limited to, system downtime, internet connectivity issues, power
outages. Regardless of any promises, statements or representations
made to you, any such failure or delay will not entitle you to any
credit or refund of fees.
Third-Party Sites
Omnispawn Sites might contain links to other websites controlled or operated by
persons and companies other than Omnispawn.bigcartel.com (“Linked Sites”).
The Linked Sites are not under the control of Omnispawn and
Omnispawn is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Omnispawn is
not responsible for web casting or any other form of transmission
received from any Linked Site, nor is Omnispawn responsible if
the Linked Site is not working correctly. These links are provided to
you only as a convenience, and the inclusion of any link does not
imply endorsement by Omnispawn of the site or any association
with its operators. You are responsible for viewing and abiding by
the privacy statements and terms of service posted at the Linked
Sites. You are solely responsible for any dealings with third parties
(including advertisers) who support the Omnispawn Services or
are identified on Omnispawn Sites, including the delivery of and
payment for goods and services.
Your Feedback and Suggestions Submitted To Omnispawn.bigcartel.com
Omnispawn wants your voluntary feedback and suggestions regarding the Services
so that we can continually improve the Services for you and other
customers. When you submit feedback and suggestions, please
understand that Omnispawn needs to have full rights to use your
feedback and suggestions without any encumbrances. In particular, you
understand and agree that by submitting any feedback or suggestions
to Omnispawn, you warrant and represent that you own or
otherwise control the rights necessary to do so and you are granting
Omnispawn and its affiliated companies permission to use,
modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sublicense, create derivative works
from, transfer, or sell any such feedback or suggestions, and to
sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the feedback or
suggestions. These grants include the right to exploit any
proprietary rights in such feedback or suggestions, including rights
under copyright, trademark, service mark or patent laws in any
relevant jurisdiction. No compensation will be paid with respect to
Omnispawn use of the materials contained within such feedback or
suggestions. Omnispawn is under no obligation to post or use any
materials you may provide and may remove such materials at any time
at Omnispawn sole discretion. This section is not applicable to
any personally identifiable information that you provide in
connection with your registration for the Omnispawn Services, or
to any data pertaining to your online transactions, purchase history
or usage patterns. For terms and conditions governing the use of such
information and data, please refer to the Privacy Policy.
Warranty Disclaimer
OMNISPAWN AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS
OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS
CONTAINED ON OR OBTAINED THROUGH THE OMNISPAWN SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND. OMNISPAWN AND ITS SUPPLIERS,
LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL OMNISPAWN, ITS SUPPLIERS, LICENSORS OR AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
OMNISPAWN SERVICES, WITH THE DELAY OR INABILITY TO USE THE
OMNISPAWN SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES
OBTAINED THROUGH THE OMNISPAWN SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE OMNISPAWN SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF
OMNISPAWN OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
OMNISPAWN SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OMNISPAWN
SERVICES. In no event will Omnispawn liability for any damages,
losses and causes of actions whether in contract or tort (including
negligence or otherwise) exceed the actual dollar amount paid by you
for the Omnispawn Service which gave rise to such damages,
losses and causes of actions during the 12-month period prior to the
date the damage or loss occurred or the cause of action arose.
Intellectual Property Notices
Omnispawn Sites and Omnispawn Services, and all related technology and
content: Copyright © 2011 by Omnispawn or its suppliers or
licensors. All rights reserved.
"Omnispawn" is a trademark of Omnispawn.bigcartel.com. The company, product, and
brand names of companies, products and services mentioned herein or
on a Omnispawn Site or Omnispawn Service may be the
trademarks and service marks of their respective owners.