Terms of Service

omnimemo is an online service which allows you to learn material you would like to master in a fast and efficient way. We welcome you as a user with dedication to learn but first ask that you read these Terms of Service and our Privacy Policy to avoid any misunderstandings. We apologize for making these lengthy, but the use of most any information service dictates such precautions as a protection of both user (You) and provider (omnimemo). So here we go:

By using the omnimemo web site at omnimemo.com you agree to be bound by these Terms of Service (the "Agreement"). If you wish to become a registered user ("User") read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. If you do not accept these Terms of Service, please do not register for the Service.

This Agreement sets out the legally binding terms of your use of the Service and may be modified by omnimemo at any time and without prior notice.

1. Proprietary Rights

omnimemo doesn't grant you any rights to use Content for any purpose other than learning with assistance of the tools provided by omnimemo.

2. Content

Content, means all the material you can see on omnimemo web site. We reserve the right to remove Content that is objectionable to us for any reason. omnimemo does not assume any liability for any failure to remove, or any delay in removing, Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on omnimemo.

You agree that you will be personally responsible for your activity on the omnimemo web site, including any Content you contribute. Online conduct should be guided by common sense and basic etiquette.

3. Content Posted to the Service

3.1

You understand and agree that omnimemo without obligation may review and delete any content, stacks, cards, tags, comments that in the sole judgment of omnimemo violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other registered User or outside parties.

3.2

You are solely responsible for the Content that you publish on the Service.

By posting Content to the Service, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
  • the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Brainflare or otherwise

By posting Content to omnimemo for inclusion on the Website, for example posting a stack of cards, you grant omnimemo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Content. If you delete Content, Omniemo will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

3.3

The following is a partial list of the kind of Content that is illegal or prohibited on the Service. omnimemo reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner;

Though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages from omnimemo related to such exposure.

3.4

You must use the Service in a manner consistent with any and all applicable laws and regulations.

3.5

You may not transmit any chain letters or junk email to other User of the Service. Although omnimemo cannot monitor the conduct of its Users off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

3.6

omnimemo claims ownership of Content you submit or make available for inclusion on the Service, including all stacks and cards you create.

4. Limitations On Warranty And Liability

OMNIMEMO HAVE NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE OMNIMEMO.COM SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

YOU EXPRESSLY AGREE THAT THE USE OF OMNIMEMO.COM AND THE INTERNET IS AT YOUR SOLE RISK. OMNIMEMO.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OMNIMEMO.COM PROVIDES THE SERVICE ON A REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OMNIMEMO.COM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.