ACCEPTANCE OF TERMS
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR OSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
TheOhmies.com is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which are definitely not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the site.
LICENSE AND SITE ACCESS
TheOhmies.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from our company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company.
The right to access TheOhmies.com does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
Any unauthorized use terminates the permission or license granted by TheOhmies.com.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent \”open-stock\” prices, which means the aggregate of the manufacturer\’s estimated or suggested retail price for each of the items included in the set. In cases of mispriced in our catalogs in which the item\’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
LINKS & FRAMINGS
You shall not use our company logo or other proprietary graphic to link to this Site without the express written permission of TheOhmies.com. Further, you may not frame any trademark, logo or other proprietary information, including the Images Content, without our express written consent.
We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of our company and we shall not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN \”AS IS\” AND \”AS AVAILABLE\” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TheOhmies.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
CORPORATE INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of TheOhmies.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the TheOhmies.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Ohmland Holdings LLC does not intentionally share any Personally Identifiable Information (as defined below) with any unaffiliated third party except: (1) as described in this Policy; (2) as disclosed at the time your Personally Identifiable Information is provided; or (3) with your consent.
Ohmland Holdings LLC learns certain information about you from your visit to the Site, and what we do with this information depends on what you do when you are visiting the Site, the information that you provide and the choices that you make with respect to information that we collect. This Policy lets you know what choices, access and security you have with respect to the information Ohmland Holdings LLC collects.
When we use the term “Personally Identifiable Information” we mean any information that can be used to identify a specific individual, such as name, address, telephone number, email address, resume information, date of birth or pictures. When we refer to “Aggregate Information” we mean information that does not allow us to identify a specific individual, such as demographic information, areas visited on the Site or what browser was used to access the Site.
PERSONALLY IDENTIFIABLE INFORMATION
Ohmland Holdings LLC may collect, use, and store Personally Identifiable Information about you when you provide such information. What we collect depends on what information you choose to provide to us. Ohmland Holdings LLC may collect and use such Personally Identifiable Information: (i) to provide you with requested information or services relating to the Site, its theatrical productions or other business activities; (ii) to send you promotions or newsletters; (iii) to permit you to enter sweepstakes or contests; (iv) to allow you to participate in online games; (v) to allow you to post to the Site; (vi) to effectively administer the Site and our business operations; or (vii) as disclosed when you provide your information.
On certain areas of the Site you may also provide names and email addresses to allow you to send information or materials (such as articles, videos or themed e-cards) to other individuals. If you choose to participate in these offerings, please make sure that you have permission to enter the other individual’s information. Ohmland Holdings LLC will not use the other individual’s email address that you provide to us for any other purpose, unless otherwise disclosed to you at the time you provide such information.
NON-PERSONALLY IDENTIFIABLE INFORMATION
Ohmland Holdings LLC may gather and store Aggregate Information about visitors. The collection of this Aggregate Information serves a variety of purposes, including enabling Ohmland Holdings LLC to measure the number of visitors to various portions of the Site, diagnose problems with our server, administer the Site and track visitor activity. Among other things, Ohmland Holdings LLC will use this Aggregate Information to learn more about what you and our customers are expecting from our services, and to tailor and improve the Site. Because Aggregate Information collected on the Site does not personally identify you, we may use Aggregate Information for any purpose whatsoever, and share Aggregate Information with third parties for any purpose whatsoever.
Cookies or other similar technologies may be used by Ohmland Holdings LLC or others, including third-parties, to gather information. Cookies are electronic files that your web browser places on your hard drive to retain information relating to visits to and use of a website. Although cookies allow you to visit the Site more efficiently, you may elect to disengage them by changing your browser properties. Each browser is different, so please review your browser properties to determine how to disengage cookies.
In addition, we may collect data by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single-pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. The data we may collect includes, among other things, your IP address (see below), which operating system and browser you use, how you navigate to and through our Site, and how long you stay on our web pages. This information is anonymous and does not include your Personally Identifiable Information.
Your Internet Protocol (“IP”) address is an identifying number that is automatically assigned to your computer by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
WHEN WE DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION
Ohmland Holdings LLC works with third parties who provide services to it and we may share your Personally Identifiable Information with those third parties, including without limitation: website hosting or information technology consulting services, website management, distribution, marketing and promotion services or partners, newsletters, data analysis, legal services, accounting services, and other administrative and back-up and security services.
If you elect to participate in a sweepstakes, contest or other promotion, Ohmland Holdings LLC may disclose your Personally Identifiable Information in connection with such sweepstakes, contest or other promotion. Such disclosures may include, for example, posting your entry or submission and attributing it to you, fulfilling your prize, including your name on a published winners list, sharing information with a co-sponsor or promotional partner or as provided under the official rules relating to the sweepstakes, contest or promotion.
In addition, Ohmland Holdings LLC may disclose Personally Identifiable Information to third parties whose products and services we believe may be of interest to you for their marketing purposes.
In the event there is a change in the corporate structure of Ohmland Holdings LLC including without limitation, merger, consolidation, sale, liquidation or transfer of substantial assets, Ohmland Holdings LLC may, in its sole and absolute discretion, transfer, sell or assign information collected on and through the Site, including without limitation, Aggregate Information and Personally Identifiable Information concerning visitors, to one or more affiliated or unaffiliated third parties.
OUR COMMITMENT TO CHILDREN’S PRIVACY
Protecting the privacy of children is especially important. For that reason, we support and comply with the Children’s Online Privacy Protection Act (“COPPA”) and other laws, and we do not knowingly collect Personally Identifiable Information from children without parental consent. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. We will not condition a child’s participation in an online activity on the child providing more Personally Identifiable Information than is reasonably necessary for participation in such activity. References to “child” or “children” throughout this Policy refer to children under the age of thirteen (13). “Parent” is used to refer to both parents and legal guardians.
COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION ABOUT CHILDREN
Children may access some content on the Site, including certain games and activities, without providing any Personally Identifiable Information. To register for our newsletter, post to user forums, play certain online games, enter contests and sweepstakes, and to participate in other activities that may involve the collection of Personally Identifiable Information, children must first enter their date of birth and provide a parent’s email address. An email will be sent to parents of children alerting them to the child’s registration.
When children register for our newsletter, Ohmland Holdings LLC will send an email to the parent offering the opportunity to opt out of allowing his or her child to participate. The parent may submit his or her determination to opt out to Ohmland Holdings LLC via a web form. If the parent does not opt out within forty-eight (48) from when we send out such an email, we will assume the parent has consented to the use or collection of Personally Identifiable Information from the child. Ohmland Holdings LLC will collect the child’s email address and use this information to send children newsletters and important information regarding the Site (including changes to our terms, conditions and policies).
Before allowing children to participate in online activities that involve the collection of Personally Identifiable Information, including certain games, sweepstakes, contests and user forums, Ohmland Holdings LLC will send an email to parents requesting their verifiable consent. The parent may submit his or her consent to Ohmland Holdings LLC via a web form. Ohmland Holdings LLC will send a confirmation email to the parent’s email address confirming receipt of consent. Once the consent is received from the Parent, each child who registers for these activities will be asked to enter information such as: date of birth, first name, a password, address, email address and other information that the child may choose to submit. Personally Identifiable Information of children will be deleted from postings to user forums before being posted on the Site. Ohmland Holdings LLC uses this information to notify contest winners, allow children to play games, allow children to access and post to user forums, send other marketing communications and allow children to participate in our promotions.
Ohmland Holdings LLC also may collect an email address or other online contact information from a child for the sole purpose of responding on a one-time basis to a specific request from the child. In such cases, Ohmland Holdings LLC will not use that information to make further contacts with the child and will delete that contact information from its records after making the requested one-time response.
Ohmland Holdings LLC currently does not disclose Personally Identifiable Information about children to third parties, as defined by COPPA. We may disclose such information to service providers that provide services to us, such as support Site operations and online services and other services.
COLLECTION AND USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION ABOUT CHILDREN
Ohmland Holdings LLC may collect non-personally identifiable information or Aggregate Information from children in the manner described in the section above entitled “Non-Personally Identifiable Information.” Because Aggregate Information does not personally identify any child, we may use such information for any purpose.
COPPA provides that parents of children can: (1) review a description of the specific types of Personally Identifiable Information collected from your child; (2) refuse to allow any further use, maintenance in retrievable form or future collection of Personally Identifiable Information about your child; (3) obtain any Personally Identifiable Information collected from your child; and (4) delete Personally Identifiable Information collected from your child that is contained on the Site. To exercise any of these rights, please contact us by writing us (including your email address) at Ohmland Holdings LLC, 1450 Broadway, 40th Floor, New York, NY 10018, Attention: Ohmland Holdings LLC Web Contact. Ohmland Holdings LLC will send a confirmation email to your last known email address of the changes to or deletion of your child’s Personally Identifiable Information.
CHANGING PERSONALLY IDENTIFIABLE INFORMATION
If you would like to correct or change Personally Identifiable Information that you have previously provided to us, you can write to us (and include your email address) at Ohmland Holdings LLC, 1450 Broadway, 40th Floor, New York, NY 10018, Attention: Ohmland Holdings LLC Web Contact.
CHOICE AND OPT OUT
When you provide us with your Personally Identifiable Information we may ask you to indicate whether you are interested in receiving our newsletter or other email communications from us. We may also ask you if you are interested in receiving email or other communications from our affiliates and from selected third parties about products and activities that we believe may be of interest to you. At any time, you may change your preferences by: (1) sending us an email at firstname.lastname@example.org; (2) writing to us (and include your email address) at Ohmland Holdings LLC, 1450 Broadway, 40th Floor, New York, NY 10018, Attention: Ohmland Holdings LLC Web Contact; or (3) using the unsubscribe function in the promotional email. Ohmland Holdings LLC will provide an on-screen confirmation of the changes to or deletion of your Personally Identifiable Information and your preferences.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS:
The California Civil Code permits California residents to request that Ohmland Holdings LLC not share Personally Identifiable Information about you with third parties for their direct marketing purposes. You may use any of the options described above to advise us that you would like us not to share your Personally Identifiable Information. Using the above options, you may request that we refrain from or cease sharing your information with (a) third parties that provide products and services we think may be of interest to you for the third parties’ marketing purpose; or (b) DreamWorks affiliated entities for their marketing purposes. We will update your preferences as soon as reasonably practical.
LOCATION OF INFORMATION COLLECTED AND MAINTAINED
The Site is hosted in the United States. By providing Personally Identifiable Information and other information on the Site, you understand and consent to the collection, use, processing and transfer of such information to the United States.
Ohmland Holdings LLC takes reasonable security precautions to safeguard the Personally Identifiable Information that you choose to provide against the loss, misuse, alteration and unauthorized access of such information. Unfortunately, no security system is perfect and no data transmissions over the Internet can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at email@example.com.
LINKS TO OTHER WEBSITES
On the Site, you may have the opportunity to follow a link from or to other websites maintained by third parties. Because these other websites may not be hosted or controlled by Ohmland Holdings LLC, however, we are not responsible for the privacy practices of those websites. Therefore, the privacy policies with respect to those websites may differ from those applicable to the Site and we encourage you to review the privacy policies of each of those other websites.
CHANGES TO THE POLICY
HOW TO CONTACT US
If you have any questions about this Policy, please: (1) send us an email at firstname.lastname@example.org; or (2) write to us (and include your email address) at Ohmland Holdings LLC, 1450 Broadway, 40th Floor New York, NY 10018, Attention: Ohmland Holdings LLC Web Contact.