Account Information and Password Protection
When you register, you will be assigned your email address as your user name and you will select a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify OhMyGas and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
How You Can Use the Services
You may use the Services on the Site for your personal use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from the Services, except as set forth in this Agreement.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of OhMyGas. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER OhMyGas PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Credit Card Orders for Products and Services
We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to OhMyGas. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
OhMyGas strives to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
Conduct of Registered Users and Visitors
We believe that all registered users and visitors benefit from basic rules regarding conduct while using any of the e-mail services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no OhMyGas employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not e-mail any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(5) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(6) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with OhMyGas; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(8) You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
(9) You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
(10) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your service is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT OhMyGas IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Disclosure of Your Identity
OhMyGas does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. OhMyGas and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold OhMyGas and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, or your access to the Site, or your violation of either these Terms or the rights of any third party. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations, or cause injury to any person.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT OhMyGas MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT OhMyGas DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OhMyGas DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OhMyGas OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF OhMyGas HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time. We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
All content on the Site is owned by OhMyGas And/or its licensees and protected by applicable law, with all rights reserved. OhMyGas takes the protection of intellectual property rights, including copyrights, very seriously. OhMyGas will terminate your access to, or use of, the Site and/or the services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.