Omi may modify this agreement from time to time and such modification shall be effective upon being posted on Omi’s official website. You agree to be bound to any changes to this agreement when you use the services provided by Omi after any such modification is posted. It is therefore important for you to review this agreement regularly and ensure you are updated as to any changes. Omi reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Omi Services at any time, for any or no reason, with or without prior notice, and without liability. Omi exclusively reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Omi services if Omi determines, in its sole discretion, that you pose a threat to Omi and/or it’s members. Omi also reserves the right to change, alter or remove part of or all your added personal information. With omi.sg using URL’s as links to members personal profiles, Omi reserves the right to alter or remove this at any time without further notification.
Omi may contain inaccurate, inappropriate, offensive or sexually explicit information or any information prohibited under Section 7 of this Agreement (posted by any members of Omi, for instance, in their profiles), and Omi assumes no responsibility or liability for.
To create an account on Omi, you must provide us with at least your name, email address and/or mobile number, and a password and agree to Omi’s user agreement, which governs how Omi treats your information. You may provide additional information during the registration flow (for example, your gender, age, job title, company, hobbies and etc.) to create your profile and to receive more customized services on Omi.
In order to enable a few features on Omi, you may use Omi’s address book or ‘contacts’ importer (or other similar features) to upload your phone address book into Omi’s services. Any information that you upload or sync with Omi’s services is covered by the user agreement. You can remove your address book and any other synced information at any time. By using Omi’s services, you agree that Omi may collect, use and share your information in accordance with Omi’s Terms of Service, as revised from time to time. By continuing to use Omi’s services after any changes to this Terms of Service, with or without notice from us, you agree to the revised Terms of Service. By using the Omi services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and reached the age of adulthood under your national laws; and (d) your use of the services provided by Omi does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if Omi believes that you are under 18 years of age or fail to reach the age of adulthood under your national laws. In providing the services, Omi collects, stores and uses the following information related to you:
In providing services, Omi collects, stores and uses the ‘Location Data’. Location Data is information that is collected regarding your location (when you use a location-enabled service), including:
This agreement shall remain in full force and effect while you use the services provided by Omi by registering as a member. You may terminate your membership at any time, for any reason, by following the instructions on the member’s account settings page. Omi may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect, including sections 5-17.
Other than as permitted under this Terms of Service or as otherwise consented to by you, Omi will not transfer your personal information to any other third parties for any purposes. Omi and its affiliate companies may share your personal information within its group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on Omi’s behalf, mapping services providers who assist Omi and you with location data, analytics partners who assist Omi’s business, and advertising partners on services provided by Omi). In addition, Omi may allow such third parties to collect your personal information across services provided by Omi. In each case, Omi permits sharing and/or collection for the purposes of: (i) providing Omi’s services to you; (ii) assisting Omi in carrying out the purposes set out under the “How we use your information” section above; (iii) carrying out Omi’s obligations and enforcing Omi’s rights under the Terms of Service; and/or (iv) Omi’s business, including making Omi improve its services. These third parties may be located, and use and store your Personal Information, outside of jurisdiction for these purposes. Where Omi permits any third parties to collect and use your personal information in accordance with the above paragraph, Omi will make reasonable efforts to ensure that such third parties only use your personal information: (i) in compliance with Omi’s Terms of service; and (ii) subject to any other instructions given to them, including any appropriate confidentiality and security measures that are implemented by Omi.
You agree that Omi or its affiliate companies may be required to retain, preserve or disclose your personal information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where Omi believes it is reasonably necessary to comply with applicable laws or regulations. You also agree that Omi or its affiliate companies may need to disclose your personal information in order to enforce the Terms of service or to, protect Omi’s rights, property or safety, or the rights, property or safety of Omi’s affiliate companies or other members of services provided by Omi.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Omi via email@example.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The services provided by Omi are for the personal use of members only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Omi. Illegal and/or unauthorized use of the services provided by Omi, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Omi website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services provided by Omi.
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the services provided by Omi. Omi reserves the right to investigate and take appropriate legal action against anyone who, in Omi’s sole discretion, violates this provision, including without limitation, removing the offending communication from the services provided by Omi, terminating the membership of such violators and filing a lawsuit for Omi’s loss, if any, caused thereby. Prohibited content includes, but is not limited to content that, in the sole discretion of Omi:
The following is a partial list of the kind of activities that are illegal or prohibited on the Omi platform and through your use of the services provided by Omi. Omi reserves the right to investigate and take appropriate legal action against anyone who, in Omi’s sole discretion, violates this provision, including without limitation, reporting them to law enforcement authorities. Prohibited activities include, but is not limited to:
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. According to Omi’s policies, this would lead to termination of your membership privileges of if you repeatedly infringe the copyrights of others upon receipt of proper notification to Omi by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Omi Services in a way that constitutes copyright infringement, please provide the following information by sending it to firstname.lastname@example.org: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services provided by Omi; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You are solely responsible for your interactions with other members of Omi. Omi reserves the right, but has no obligation, to monitor disputes between you and other members.
A few of the value-added services of Omi (Omi Premium) are for paid use and you need to purchase any paid value-added service by choosing, purchasing and making payment for the same on the page for purchasing the corresponding service. Omi may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Omi direct billing or other payment platforms authorized by Omi. When making a purchase, you should confirm the category, quantity, duration, automatic renewal term (if optional), etc., of the service to be purchased according to your actual requirements. By making the payment, the same will be confirmed, and you may not request a modification or refund in the absence of just causes specified by law or the Agreement.
After purchasing Omi Premium, you may view the user who liked you, give unlimited Likes every day, and have access to other exclusive functions in addition to the functions for ordinary registered users of Omi, and the specific functions shall be subject to the description on the purchase and use page. After completing the registration procedures and paying for corresponding service through the payment method provided by the Omi platform, the user of Omi may use the service of Omi Premium. Omi Premium shall not be rented, lent, transferred or licensed to any third party for use upon purchase or be activated for yourself or any other person for profit, operation and other non-personal uses.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed until you cancel the subscription. If you have purchased the value-added service at the unadjusted rates, you will not be affected by the possible price adjustment in the period of validity of the value-added service purchased, and you do not need to pay extra money; however, that you are required to make the payment at the latest list price on the purchase page during next purchase or auto-renewal. If you do not wish your subscription to renew automatically, you may follow the guidelines and steps in [Help - How do I cancel automatic renewal?]. If you fail to cancel auto-renewal at least 24 hours prior to the end of the subscription period, you will be deemed to accept that Omi continues to make the charge in accordance with the agreement and by the auto-renewal cycle you choose. If you stop using Omi within the period of validity of the value-added service, Omi shall not be responsible for refunding the corresponding service fee for the remaining period. Deleting your account on Omi or deleting the Omi application from your device would not cancel your subscription.
If you request an invoice after purchasing any paid feature of Omi, Omi will be responsible for issuing the VAT invoice for the current year in which you request the same with the VAT borne by you and the transportation costs, courier charges and other expenses, if any, shall be borne by you.
Omi is not responsible for any incorrect or inaccurate content posted on the Omi website or in connection with the services provided by Omi, whether caused by members of Omi or by any of the equipment or programming associated with or utilized in the services provided by Omi. Profiles created and posted by members on the Omi website may contain links to other websites. Omi is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Omi. Inclusion of any linked website on the services provided by Omi does not imply approval or endorsement of the linked website by Omi. When you access these third-party sites, you do so at your own risk. Omi takes no responsibility for third party advertisements which are posted on this Omi Website or through the services provided by Omi, nor does it take any responsibility for the goods or services provided by its advertisers. Omi is not responsible for the conduct, whether online or offline, of any user of the Omi services. Omi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication between members. Omi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services provided by Omi or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the services provided by Omi. Under no circumstances shall Omi be responsible for any loss or damage, including personal injury or death, resulting from use of the services provided by Omi, attendance at an event organized or sponsored by Omi, from any content posted on or through the services provided by Omi, or from the conduct of any members of Omi, whether online or offline. The services provided by Omi are provided “AS-IS” and as available and Omi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Omi cannot guarantee and does not promise any specific results from use of the services provided by Omi.
In no event shall Omi be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Omi has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Omi’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Omi for the services provided by Omi during the term of membership. Omi shall not be liable to any damages or losses caused by your or a third party’s actions or omissions, including but not limited to infringement, such as payment service or internet access service by any third party.
If there is any dispute about or involving the services provided by Omi, you agree that the dispute shall be governed by the laws of Hong Kong, without regard to conflict of law provisions. Either Omi or you may demand that any dispute between Omi and you about or involving the services provided by Omi must be settled by arbitration utilizing the dispute resolution procedures of Hong Kong, provided that the foregoing shall not prevent Omi from seeking injunctive relief in a court of competent jurisdiction. The award of arbitration shall be final and binding on Omi and you.
You agree to indemnify and hold Omi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services provided by Omi in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Omi website or through the services provided by Omi causing Omi to be liable to another.