Omnium Terms and Conditions

Last Updated: 31/08/2009

1. ACCEPTANCE OF OMNIUM TERMS AND CONDITIONS

By using the Omnium Software, you agree to both the Omnium “Terms and Conditions” and “Privacy Policy”.

Omnium Research Group reserves the right to update and change these Omnium Terms and Conditions and all documents incorporated by reference. The URL above will always direct you to the most recent version of the Omnium Terms and Conditions.

2. DESCRIPTION OF SERVICE

Omnium Research Group provides, as one of its avenues of research, provision of software products for use in Education, Social or Business contexts to form restricted or publicly accessible online communities. The software services are available as either free or licensed packages and provide content management systems (CMS) that are hosted and served by Omnium from servers in Australia or USA. Omnium also supports the open-source movement and makes its software code-base freely available according to the general open-source license (xxxxxx) agreement. Omnium is also a registered Trademark® and details of its ‘policy of use’ are available from the Omnium website.

3. DEFINITIONS

3.1 In this document ‘we’ and ‘our’ means Omnium Research Group and ‘you’ and ‘your’ mean the customer of a Free, Lite or Full Omnium Package.

3.2 This agreement outlines the terms and conditions that apply to any service you have signed up for with us (‘the Services’).

3.3 The Services you purchased are identified in the ‘sign up’ and the ‘welcome’ emails we sent you after we accepted your request for service. The specifics of the Services are detailed on our website.

4. OMNIUM LITE & FULL SERVICES AND PAYMENT

As a Site Creator or Site Administrator, you can upgrade your Omnium Free or Lite software to one of the Full Services from Omnium Research Group. The categories and prices of our Omnium Full Services are subject to change or cancellation at any time. All fees are quoted in Australian Dollars. Any fee changes for Omnium Full Services that are not temporary will be effective thirty (30) days after we provide you with written notice via email.

You are responsible for paying all fees and applicable taxes associated with the Omnium Full Services in a timely manner with a valid payment method. The extent that Omnium is obligated to collect such taxes, the applicable tax will be added to your billing account. You authorize Omnium Research Group to charge your credit card or debit card, for all charges to your Omnium accounts. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you successfully complete the order form. You agree that the Omnium Research Group may automatically charge the Omnium Full Services fee to your Payment Method at the beginning of each recurring period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to purchase the Omnium Full Services may be shared with companies who work on Omnium’s behalf, such as payment processors and credit agencies, solely for the purposes of checking credit, effecting payment to Omnium Research Group and servicing your account.

Should your Payment Method fail or your account is past due, Omnium Research Group reserves the right to either suspend or terminate your Omnium Full Services in such case, whereupon all the information and content contained within it may be deleted permanently. Omnium accepts no liability for information or content that is deleted due to an invalid credit card.

Any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Omnium Research Group within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Omnium Research Group.

5. OMNIUM’S RESERVATION OF RIGHTS

Omnium Research Group reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of any Omnium services if with or without notice, in its sole discretion believes you have: (a) violated or tried to violate the rights of others; or (b) acted inconsistently with the spirit or letter of Terms and Conditions or Privacy Policy. In such event, your Omnium Full account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts you’ve paid for such account. Omnium accepts no liability for information or content that is deleted.

6. CONTENT

Omnium Research Group takes no responsibility and assumes no liability for any postings, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, text comments, edits, feedback, suggestions, ideas, notes, drawings, concepts, and other information, submissions, or materials posted on, transmitted through, or linked from the Site (collectively referred to as “Content”), either online or offline and whether or not solicited by the posted or uploaded by you or any third party for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, gambling, illegal activity, profanity, or objectionable material. Your use of the Site is at your own risk.

You understand and agree that all Content is the sole responsibility of the person from whom such Content originated. Omnium is and shall be under no obligation (a) to maintain any Content in confidence; (b) to store or maintain the Content, electronically or otherwise; (c) to pay any compensation for any Content or any use thereof; or (d) to respond to any user in connection with or to use any Content. Neither the Site nor Omnium shall be liable for any use, non-use, or disclosure of any Content. You represent that, regarding any Content contributed by you that: (a) Content will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Content to us in accordance with this Agreement. You further represent that no such Content will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for all Content.

Omnium does not guarantee that its Sites are completely secure. These Sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.

Omnium reserves the right to remove Sites from public view, delete, or purge the content with or without cause, with or without notice for any reason, including, without limitation if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, Omnium may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.

7. STORAGE AND SECURITY

At all times, you shall bear full risk of loss and damage to your web site and all of your Site’s content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with your Site or any of your Site’s content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

  1. prevent any loss or damage to Your web site content;
  2. maintain independent archival and backup copies of Your web site content;
  3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Omnium servers; and
  4. ensure the confidentiality of Your password.

Omnium’s hosting servers are not an archive and Omnium shall have no liability to you or any other person for loss, damage or destruction of any of your content. Omnium shall have no liability to you or any other person for your use of the services in violation of these terms. You shall not use the service in any way, in Omnium’s sole discretion, that shall impair the functioning or operation of Omnium’s Services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (a) a repository or instrument for placing or storing archived files; and/or (b) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Omnium has the right to carry out a forensics examination in the event of a compromise to your server or account.

In the event you terminate your Site and/or account, Omnium will not transfer or manage your services or your web site content.

8. USER CONDUCT

You agree to not use the Site to:

  1. Upload, post, email, transmit, or otherwise make available any Content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law
  2. Harm minors in any way
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘link farms’, ‘junk mail,’ ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation;
  7. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
  9. Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
  10. “Stalk” or otherwise harass another; or
  11. Collect or store unauthorized personal data about other users.

9. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS

As a provider of interactive services, Omnium is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users (or any other activities of users on the Sites), we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of this Site, and any Submissions transmitted by you via or in connection with this Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of this Site from fraudulent, abusive, or unlawful use of this Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.

10. LIMITATION OF LIABILITY

Under no circumstances, including without limitation or negligence, shall Omnium or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use this site or any content contained on the site, or resulting from unauthorized access to or alteration of your submissions, transmissions, or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if Omnium has been advised of the possibility of such damages. The parties acknowledge that this is a reasonable allocation of risk.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

11. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION

This Site may provide, or third parties may provide, links to other World Wide Web resources. Because Omnium Research Group has no control over such Sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on Sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Site that links to or from the Site or third-party content on this Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party Sites or Content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such Sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

12. CONTACT US

If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address:

By Mail:
Omnium Research Group
College of Fine Arts
Paddington, NSW 2010

By Phone:
+61 2 9385 0683

By Fax:
+61 2 9385 0695

By Email
info@omnium.net.au

Email

info@omnium.net.au

Phone numbers

+61 (0)2 9385 0683
+61 (0)2 9385 0631

Mailing address

The Omnium Project
College of Fine Arts (COFA)
The University of New South Wales
PO BOX 259
Paddington, NSW 2010
Australia

Office address

GG14
College of Fine Arts (COFA)
Cnr. Oxford St. and Greens Rd.
Paddington
Sydney, NSW
Australia

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