Terms of Use

OmTimes.com and Om Times Magazine (“OM Times”) are equal opportunity websites.  This means that you are free to make your own observations, and form your own opinions.

If you choose to interact, do so with respect for others and the websites’ policies.

If you do not agree with these policies, please do not use the websites.

 

Terms of Use:

 

1.  By Using and/or Visiting These Websites  (collectively, including all content available through the OmTimes.com domain name including all sub-domains and the community.omtimes.com website, the “Websites”), you signify your acceptance and assent to both the Terms and Conditions (the “Terms of Service”) and the Terms and Conditions of the Privacy Notice, incorporated herein by reference. If you do not agree to any of these terms, please do not use the Websites.

 

2.  The OmTimes.com, OmTimes.com sub-domains and community.omtimes.com Websites

These Terms of Service apply to all users of the Websites including users who are also contributors of content, information, and other materials or services on the Websites. The Websites may contain links to third-party websites that are not owned or controlled by the Websites, OM Times or its parent company, HHN, LLC

OM Times has no control over, and assumes no responsibility for, the content, practices or privacy policies of any third-party websites. In addition, “OM Times” will not and cannot censor or edit the contents of any third-party websites.

By using the Websites, you expressly relieve OM Times from any and all liability arising from your use of any third-party websites. We encourage you to be aware when you leave our Websites, and to read the terms and conditions and privacy policy of each other website you visit.

 

3.  Website Access:  OM Times hereby grants you permission to use the Website as set forth in these Terms of Service provided that:

i)  your use of the Websites as permitted is solely for your personal, non-commercial use;

ii)  you will not copy or distribute any part of the Websites in any medium without prior written authorization from OM Times, unless permission is expressly stated as part of the document, in which case proper credit must be given.

The exception is individual writings by members on their personal pages, blogs and discussions, in which case permission must be granted by the member;

iii)  you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for their intended purpose;

iv)  you will otherwise comply with the terms and conditions of these Terms of Service.

 

4. Intellectual Property Rights

The content on the Websites, including without limitation, the text, videos, graphics, software, scripts, photos, sounds, music, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to “OM Times”, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

The exception to this is individual content posted by members on their personal pages or shared by them in blogs and group discussions.

These remain the personal property of the individuals. Content on the Websites is provided to you “as is” for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners, unless permission is expressly stated as part of the document, in which case proper credit must be given.

“OM Times” reserves all rights not expressly granted in and to the Websites and their Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Websites for any commercial purposes.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.

See the Copyrights and Credits notice, incorporated herein by reference.

 

5. Warranty Disclaimer

You agree that your use of the Websites shall be at your sole risk.

To the fullest extent permissible by law, “OM Times”, its parent corporation, officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Websites and your use thereof.

“OM Times” makes no warranties or representations about the accuracy or completeness of the Websites’ Content or the content of any sites linked to the Websites and assume no liability or responsibility for any:

i)  errors, mistakes or inaccuracies of Content, third-party content or services obtained from third-parties contacted through the Websites;

ii)  personal injury or property damage, or any nature whatsoever, resulting from your access to or use of the Websites or services obtained from third-parties contacted through the Websites ;

iii)  any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv)  any interruption or cessation of transmission to or from the Websites;

v)  any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Websites by any means including but not limited to Content or content from any third-party;

vi)   any errors or omissions in any Content, third-party content or for any loss or damage of any kind incurred as a result of the use of any Content or content posted, emailed, transmitted, or otherwise made available via the Websites; whether based on warranty, contract, tort, or any other legal theory, and whether or not OM Times, the Websites or the parent company is advised of the possibility of such damages..

OM Times does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Websites or any hyper linked websites or any third-party websites featured in any banner or other advertising, and OM Times will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

6. Limitation of Liability

In no event shall OM Times, its parent corporation, officers, directors, employees and agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any:

i)  errors, mistakes or inaccuracies of Content, third-party content or services obtained from third-parties contacted through the Websites ;

ii)  personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Websites or services obtained from third-parties contacted through the Websites ;

iii)  any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv)  any interruption or cessation of transmission to or from the Websites;

v)  any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Websites by  any means including but not limited to Content or content from any third-party;

vi) any errors or omissions in any Content, third-party content or for any loss or damage of any kind incurred as a result of the use of any Content, third-party content posted, emailed, transmitted, or otherwise made available via the Websites; whether based on warranty, contract, tort, or any other legal theory, and whether or not OM Times, the Websites or the parent company is advised of the possibility of such damages.

The forgoing Limitation of Liability shall apply to the fullest extent permissible by Law in the applicable jurisdiction.

You specifically acknowledge and agree that OM Times shall not be liable for any user submissions or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.

The Websites are controlled and offered by OM Times and its parent company, and its facilities in the United States of America.

OM Times makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so of their own volition and are responsible for compliance with local law.

 

7. Indemnity

You agree to defend, indemnify and hold harmless OM Times, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

i)  your use of, and access to, the Websites or any products or services obtained therefrom;

ii)  your violation of any term within these Terms of Service;

iii)  your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right;

iv)  or any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Websites.

 

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

In any case, you affirm that you are over the age of 18, as the Websites are not intended for children under 18.

 

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Humanity Healing without restriction.

 

10. General

You agree that:

i)  the Websites shall be deemed solely based in the Commonwealth of Virginia in the United States of America;

ii)  and the Websites shall be deemed passive websites that do not give rise to personal jurisdiction over OM Times, either specific or general, in jurisdictions other than the Commonwealth of Virginia.

These Terms of Service shall be governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and OM Times and its parent company that arises in whole or in part from the Websites shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Virginia.

These Terms of Service, together with the Privacy Notice and any other legal notices published by OM Times on the Websites, shall constitute the entire agreement between you and OM Times concerning the Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OM Times’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OM Times Magazine reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.  Your use of the Websites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

You and OM Times Magazine agree that any cause of action arising out of or related to the Websites must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

 

11.  Privacy Policy

OM Times is highly sensitive to the privacy interests of ir authors, users, visitors as well as consumers, and believes that the protection of those interests is one of its most significant responsibilities.

In acknowledgment of its obligations, OM Times has adopted the following Privacy Policy, applicable to information  that it acquires in the course of its business:

i)  Acquisition of Information

We do not acquire any more information  than visitors and users submit of their free will or what  is required by law or what is otherwise necessary to provide the Websites’ high level of service efficiently and securely.

ii)  Our Staff and Privacy

We train all of our staff about the importance of privacy. We give access to information only to those employees who require it to perform their jobs.

iii)  Security Measures

We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service.

iv)  Disclosure to Third Parties

We will provide individually-identifiable information to third parties only if we are compelled to do so by order of a duly-empowered governmental authority, we have the express permission, or as is necessary to process transactions and provide our services.

v)  Privacy and Our Business Partners

When we make our technology or services available to business partners, we will not share with them any more consumer information than is necessary and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.

 

12.  Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent listed below with the following information required under 17 U.S.C. 512:

i)  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii)  identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

iii)  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit “OM Times” to locate the material;

iv)  information reasonably sufficient to permit OM Times to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

v)  a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi)  and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notice as described above, OM Times will confirm the existence of the copyright or the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Websites, if, in the sole discretion of OM Times, we conclude that the use is covered by copyright, or the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration.

Notwithstanding the foregoing, OM Times will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

 

Our Agent for notice of claims of copyright infringement on or regarding our Websites can be reached as follows:

copyright@omtimes.com

 

If you have questions or concerns, please contact us at:

inquiry@omtimes.com

 

Or write to:

Humanity Healing Network

9947 Hull Street Road, Suite 117

Richmond, VA 23236

 

 

OM Times™ is a Trademark of Humanity Healing Network, HHN, LLC

©2009 Humanity Healing

All Rights Reserved

MMIX

 

Thank You!

Your understanding and full cooperation are greatly appreciated!

Last Update: 01/12/2012

Source: OM Times Magazine (http://s.tt/13A7j)

 

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