Terms of Use

The Service is made available for your personal, non-commercial use.

You may not use the Service in any commercial properties or applications, including websites, intranets, extranets and software ("Commercial Use). Commercial Use includes use on all properties and applications except those designed and maintained for:
(a) personal use ("personal websites"), i.e. non-business websites, hobby sites

(b) educational use ("accredited educational institutions")

(c) not-for-profit ("accredited non-profit organizations")

(d) developer use ("open source software"), provided it is not being resold or used within a commercial framework

You acknowledge that the Service contains links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of OMN and third-party content providers. You may not modify any of the Links, in whole or part. You may not copy, publish, transmit, reproduce, distribute, redistribute, display, or in any way exploit any of the Links, in whole or in part, except as expressly permitted in the Terms. You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of the Links, in whole or in part. You may not use software programs to test the validity of the Links, or any other software programs that use the Links to view the original article of the content provider, except as expressly permitted in the Terms or with prior written permission of OMN.

5. Content on the Service

The Service includes a combination of content that we create, that our partners create, that other third parties create, and that our users create. All content published, displayed, cached or made available on the Service, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by copyrights and may be protected by other intellectual property rights such as trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Service in whole or in part unless expressly permitted by the content owner.

As a member of the Service you may submit URLs of RSS feeds. OMN does not pre-screen RSS feeds, but OMN will have the right in its sole discretion to remove any feed that violates the Terms or the content owner's rights. You understand that the content of each RSS feed is the responsibility of the creator of the feed. OMN does not control the RSS feeds and does not guarantee the accuracy, integrity, or quality of the feeds.

The Service also contains RSS feeds and links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. OMN has no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on the Service of any third-party content or a RSS feed or link to a third-party site is not an endorsement of that content or third-party site.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate the Terms, or that is otherwise objectionable.

6. Copyright Infringement Policy

If you believe that content on the Service has been copied and/or made accessible in a manner that violates another's intellectual property rights, please see our Copyright Infringement Policy at http://www.omn.org/copyright_policy.shtml.

7. Your Conduct

You agree to follow all applicable laws and regulations when using the Service. Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
• Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
• Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
• Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
• Download any file that you know or reasonably should know cannot be legally obtained in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• Restrict or inhibit any other user from using and enjoying any public area within our site;
• Collect or store personal information about other end users;
• Interfere with or disrupt our sites, servers, or networks;
• Impersonate any person or entity, including, but not limited to, a OMN representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our site;
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• Engage in any illegal activities; or
• Violate the terms and conditions, if any, under which a content provider makes its content available.

8. Privacy

You have read and agree to all of the terms and conditions of our Privacy Policy at www.omn.org/privacy_policy.shtml.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, OMN does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

9. Disclaimer of Warranties

OMN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed, cached or otherwise accessible from the Service. OMN disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. OMN disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.

THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN, OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. OMN AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OMN AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. OMN AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE TIMELY, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL OMN OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OMN OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, GOODWILL, LOST DATA OR OTHER INTANGIBLE LOSSES. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall OMN or its licensors, partners, affiliates or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

11. Our Rights

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

• Restrict, suspend, or terminate your access to all or any part of the Service;
• Change, suspend, or discontinue all or any part of the Service;
• Refuse, move, or remove any content, RSS feeds or other material that you submit to the Service for any reason;
• Refuse, move, or remove any content, RSS feeds or other material that is available on the Service;
• Deactivate or delete your accounts and all related information and files in your account;
• Modify, add or remove any terms or conditions of the Terms;
• Establish general practices and limits concerning use of the Service.

You agree that we will not be liable to you or any third party for taking any of these actions.

12. Termination

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with OMN. This includes, but is not limited to, any dispute related to or arising out of: (a) any part of the Terms or OMN's enforcement or application of the Terms; (b) any policy or practice of OMN, including the Privacy Policy, or OMN's enforcement or application of these policies; (c) the content available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any OMN billing methods. OMN, in its sole discretion, may terminate your membership without notice if OMN believes that you have violated or acted inconsistently with the Terms. OMN will not be liable to you for termination of your membership to the Service. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of the Viewer Terms of Use will survive the termination of your membership. OMN may at any time, and in its sole discretion, and without liability to OMN, terminate the Service or any product, service or feature offered in or by the Service.

13. Indemnification

You hereby agree to indemnify, defend and hold OMN and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "OMN Parties") harmless from and against any and all liability, losses, costs, expenses and damages (including attorneys' fees) incurred by any OMN Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

• Your use of the Service or Software;
• Any use or alleged use of your account or password by any person, whether or not authorized by you;
• Your connection to the Service;
• Your violation of the Terms;
• Your violation of any law or the rights of any other person or entity.