Last updated: April 3, 2022
Content
These terms and conditions set out the terms and conditions between you, the purchaser (“customer”), and Omni Media Designs (“us”, “we”, “our”), governing the use of our website and our downloadable digital products and streaming digital products including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
After purchasing the digital product, customer will be given access to the product materials within [48 hours] through a download delivered in their email. If an account is created on our website, customer will have lifetime access to the materials so long as the product(s) is/are available.
Fees & Payment Processing
In consideration for access to the product provided by us, customer agrees to compensate us the fee indicated in the online shopping cart. If any payment methods are declined by the online payment processor, customer shall provide a new eligible payment method before receiving access to the product. In the event Customer has already been given access to the product and a payment method is declined, we reserve the right to collect any and all outstanding receivables. We also reserve the right to deny further access to the product until such payment is received.
License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Personal Information
By purchasing the product, customer will be asked to provide personal information including their name, email address, mailing and billing address. Customer agrees to allow us access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of their identifying information, and updating us on any changes to their identifying information.
The billing information provided to us by customer will be kept secure and is subject to the same confidentiality and accuracy requirements as customer’s identifying information indicated above. Providing false or inaccurate information, or using the product for fraud or unlawful activity, is grounds for immediate termination from the product.
Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Release and Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every customer and final result using the Product is different;
▪ The Product is intended for a mass audience.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and streaming digital products; and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. Any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
Venue and Jurisdiction
The laws of the State of Texas shall govern this contract, and any resulting arbitration shall take place within Denton County, Texas. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Denton County, Texas unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Amendments
We reserve the right to revise these Terms of Use at any time by amending this page. All updates will be posted on this page, and you are expected to check this page from time to time to take notice of any changes.
If you do not agree with the changes to these Terms of Use, you can choose to discontinue the use of our Site.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Downloadable and Streaming Digital Products Terms and Conditions of Sale Policy via email support@omnimediadesigns.com