Effective Date: June 01, 2015
Section 1 - About Our Site
The OmieLife Site provides information about OmieLife and its products, allows consumers to find retailers of OmieLife products, and allows consumers to purchase OmieLife products directly through OmieLife.
Section 3 - Your Account
In creating an account and/or posting any content to the OmieLife Site, you represent and warrant to OmieLife that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by OmieLife.
Section 4 – Purchasing Product from OmieLife
We'll need your name, address, and telephone number to send you your OmieLife purchase. Shipping rates are calculated at the time of checkout. Expedited and overnight shipping may be available for additional fee.
After you have made your product selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
Checking Order Status
Once your order is on its way to you, we'll send you an email confirmation with tracking information. Feel free to email us at email@example.com if you would like to check the status of your order.
Changing or Cancelling an Order
Although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, email us at firstname.lastname@example.org with the subject line "Change/Cancel Order." If we are unable to make the requested change or cancellation, usually because we have already shipped the order. You will be responsible to returning the product and any related shipping fees.
Risk of Loss
The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
We do not authorize the purchase of commercial quantities of our glasses, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.
Our order process only supports the English language.
Section 5 - Age Limits and Users under 18
This Site is not intended to be used by individuals 18 and younger. If you are not at least 18 years old, please do not set up a OmieLife online account. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms.
Section 6 - General Restrictions On Use & Termination
You may only use the OmieLife Site and OmieLife Materials for your personal and non-commercial use, and not for the benefit of any third party. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the OmieLife Materials or the OmieLife Site, and you may not create derivative works based on any portion of the OmieLife Materials or OmieLife Site without the express written consent of OmieLife. Without limiting the generality of these Terms, you specifically agree not to use the OmieLife Materials in connection with any of the following, each as determined in the sole discretion of OmieLife:
- Any illegal or unauthorized use;
- Impersonation of any person or entity or falsely stating or misrepresenting your affiliation with another person or entity;
- Defaming, abusing, “stalking”, harassing, or threatening any other person;
- Harming minors in any way;
- Posting, storing, or otherwise using the OmieLife Materials in connection with any content that is obscene, illegal, or sexually explicit;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the OmieLife Site, including, but not limited to, by means of "hacking" or defacing any portion of the OmieLife Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the OmieLife Site;
- Interfering with, disrupting, or destroying the servers or networks connected to the OmieLife Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks, or taking any action that imposes or may impose (in the sole discretion of OmieLife) an unreasonable or disproportionately large load on OmieLife’s servers or infrastructure;
- “Hacking” or accessing without permission OmieLife’s proprietary or confidential records or those of any other third party or the account of any third party without permission;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the OmieLife Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from OmieLife or the OmieLife Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the OmieLife Site or OmieLife Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the OmieLife Site
- Modifying, copying, publishing, licensing, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the OmieLife Site or any other OmieLife Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the OmieLife Site or any applicable federal, state, or local law or regulation.
Section 7 - Email Policy
If you decide you don't want to receive email or other mail from us, you can select the "opt out" provision in our communications to unsubscribe. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request, such as password recovery. To opt out, please email us at email@example.com.
Section 8 - Intellectual Property Rights
The OmieLife Materials and the products featured on the OmieLife Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by OmieLife, all written materials, graphics, data or other content appearing on the OmieLife Site, including but not limited to visual interfaces, data, graphics, design, photographs, icons, video clips, illustrations, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the OmieLife Materials and Site are owned by OmieLife (collectively “OmieLife Content”). OmieLife Content is provided to you by OmieLife for the sole purpose of your personal and non-commercial use of the OmieLife Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the OmieLife Site or any information, software, or services provided by OmieLife hereunder.
Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. OmieLife Content may be modified from time to time by OmieLife in its sole discretion. Your use of the OmieLife Site does not grant you any right, title, interest or license to any such intellectual property appearing on the OmieLife Site. Any unauthorized use of the content of the OmieLife Site may subject you to civil or criminal penalties.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org.
No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the OmieLife Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of OmieLife or its licensors in the OmieLife Site and any associated IP Rights.
The word mark OMIE and the associated design are trademarks of OmieLife and may not be used without the prior, express, written permission of OmieLife. The names of brands or products featured or described on the OmieLife Site may be separately protected by trademarks owned and controlled by OmieLife. No license, right or interest in any trademarks of OmieLife is granted under this Agreement.
Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.
Section 9 - Your Representations About Your User Created Content
For any content you may upload, post, or otherwise submit to the OmieLife Site, you grant to OmieLife, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, reproduce, process, adapt, display, distribute, perform, modify and create derivative works of your content, in all media now or hereafter known. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving OmieLife a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the OmieLife Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to OmieLife’s attention.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or OmieLife’s rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to OmieLife, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
In addition, any User Content must not
- Include any profanity or obscene, indecent, or pornographic material;
- Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
- Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- Impersonate any person or entity (we like you just the way you are!); or
- Include anyone's identification documents or sensitive financial information.
Section 10 - Digital Millennium Copyright Act
If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Your contact information, including address, telephone number and, if available, e-mail address;
- A statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by emailing email@example.com.
Section 11 - Liability Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMIELIFE OR ANYONE REPRESENTING OMIELIFE BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR OMIELIFE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OMIELIFE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 12 - Disclaimer Of Warranty
We have no control over, and no duty to take any action regarding:
- Which users access the Services;
- What content you access via the Services;
- What effects the content may have on you;
- How you may interpret or use the content; or
- What actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE OMIELIFE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE OMIELIFE SITE ARE PROVIDED TO USER ON AN “'AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMIELIFE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED OMIELIFE OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, OMIELIFE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
The OmieLife Site is provided to you without charge as a convenience and for your information only. By merely providing access to the OmieLife site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the OmieLife Site will be free from interruptions, errors, computer viruses or other harmful components. Such errors, inaccuracies or omissions may relate to price or to product description or availability. OmieLife reserve the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
Section 13 - Indemnity
Section 14 - Third Party Sites
All content, including User Content and third-party content, is the responsibility of the party that creates it. OmieLife does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of OmieLife.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. OmieLife will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether OmieLife or another party provides it.
Section 15 - Purchase Terms
All prices quoted on our Website are in U.S. dollars and are valid only in the United States. OmieLife reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, OmieLife shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you should contact OmieLife's Customer Service at firstname.lastname@example.org.
Section 16 - Severability
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
Section 17 - No Assignment
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of OmieLife. However, OmieLife may freely assign this Agreement without restriction.
Section 18 - Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against OmieLife unless such waiver is in writing signed by OmieLife.
Section 19 - Governing Law
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The OmieLife Materials and Site are intended to be offered from OmieLife’s location in the United States of America. OmieLife makes no representations that the OmieLife Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.
Section 20 - Entire Agreement
Section 21 - Miscellaneous
We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation
Section 22 - Contact Us
Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: email@example.com. Mail can be sent to OmieLife Inc., 611 Gateway Blvd, Suite 120, South San Francisco, California, 94080