Introduction. Omada Digital (“Omada Digital” “we” or “our” or “us”) provides the content, services, features and functionality available at and all subdomains thereof (collectively, the “Site”) to you, as a user of the Site (“you” or “user”), subject to the following Terms of Service (“Terms”). We may update these Terms from time to time, but you can review the most current version at http://answersnetwork.com/terms. By accessing or using the Site, you agree to be bound by these Terms, together with any additional guidelines or policies posted on the Site, which are incorporated into these Terms by this reference.
Description. The Site provides users with up-to-date news, reviews, walkthroughs and other content related to certain downloadable game applications typically found on users’ iOS and Android devices including without limitation smartphones, tablets, mini-tablets, etc.
Optional Registration. When you post comments or use certain features of the Site, you may be asked to register. Registration is purely optional, but it may allow you to take advantage of certain enhanced features of the Site in the future. If you do opt to register, please provide accurate and complete information.
Site Content. You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that is protected by copyright pursuant to U.S. and international copyright law. All Content on the Site is owned by DiM Logic or DiM Logic’s licensors or the party credited as the provider of such Content. The copyright in the selection, coordination, and arrangement of the Content on the Site is owned by Omada Digital. The Content is provided solely for your personal, noncommercial use. You may not publish, display, perform, modify, create new or derivative works from, distribute, sell, or transmit the Content. You will comply with all copyright notices or restrictions contained in any Content accessed through the Site.
Trademarks. Omada Digital is a trademark, trade name, and/or service mark of Omada Digital. All other trademarks, tradenames, service marks, logos or other brand indicia, or product and service names (“Marks”) are the property of their respective owners. You agree not to display or use in any manner any Mark appearing on the Site without permission from the owner of such Mark.
Third-Party Applications. All intellectual property rights in and to the applications reviewed on the Site or for which we provide walkthroughs are held by their respective owners, including copyrighted images from such games and associated trademarks. Unless otherwise expressly indicated on the Site, we are not affiliated with the owners of such intellectual property in any way.
User Created Content. The Site allows users to post comments and/or questions about reviews, games, and/or other reviewed applications (“User Created Content” or “UCC”). Any UCC appearing on the Site reflects the opinion of its author and does not necessary reflect our views or opinion. You may only submit comments and questions if you are over 13 years of age and you may only submit UCC that you own or have full rights to distribute and exploit. You understand that any User Created Content you provide to us may be displayed and published on the Site and you grant us permission to do so.
If you submit User Created Content to us, you understand and agree that your UCC must not:
(1) Violate or infringe any intellectual property right, publicity right, privacy right or other proprietary right of any person or entity;
(2) Be illegal, libelous, defamatory, obscene or pornographic;
(3) Contain personally identifiable information regarding individuals such as names, emails or phone numbers;.
(4) Be commercial in nature or contain advertising or similar materials;
(5) Be in a language other than English, be encrypted, or contain viruses, Trojan horses, or other malicious code intended to damage, interfere with, intercept or appropriate any system, data or personal information;
(6) Assert or imply that your User Created Content is sponsored or endorsed by us; or
(7) Be vulgar, threatening or abusive.
You further acknowledge that we shall have the right (but not the obligation) to pre-screen, refuse, or remove any UCC available via the Site. We may also edit your UCC if we feel it necessary and you consent to such editing. You understand that by submitting UCC to the Site, you are granting us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, copy, perform, display, transmit, distribute, modify and otherwise fully exploit your UCC in any manner we wish in any form or media.
Intellectual Property Rights. You acknowledge and agree that the Site, including without limitation all copyrights, designs, the “look and feel” of the Site, trademarks and all other intellectual property rights relating to the Site Content as herein described, including Omada Digital software and all HTML, XML and other code contained in this Site, shall remain at all times owned by and vested in Omada Digital and/or its licensors. The technology and the software underlying the Site is the property of AsnwersNetwork and/or its licensors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site. Omada Digital reserves all rights not expressly granted hereunder.
Third Party Links and Advertisements. The Site provides links to other web sites and resources. You acknowledge and agree that we are not responsible for the availability of such external web sites and resources, and we do not endorse and are not responsible or liable for the practices of any such web sites or resources or for the content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, goods or services available on or through any such site or resource. Your dealings and interactions with advertisers found on or through the Site, including download and delivery of applications or payments related thereto, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Restrictions Applicable to International Use. You agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Site and the transfer, posting and uploading of software, technology, and other technical data via the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations.
Termination of Your Access to the Site. We may indefinitely suspend or terminate your right to use or access all or any part of the Site, without notice or liability, for any reason in our sole discretion, including without limitation, your violation of these Terms or our belief that such access would violate applicable law or be harmful to us or another user.
Feedback. We welcome your feedback on the Site. However, you understand and agree that by submitting ideas, suggestions, and feedback to us regarding the features or functionality or Content of our Site, (“Feedback”), you are granting us an irrevocable right to use and exploit such Feedback in whatever manner we deem fit without any obligation to you, monetary or otherwise.
Disclaimer of Warranties. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR OTHERWISE USED TO PROVIDE THE SITE (COLLECTIVELY, “SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE OWNER OR PROVIDER OF SUCH SITE MATERIALS. Omada Digital MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SITE MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. ANY RELIANCE ON THE OPINIONS, ADVICE OR INFORMATION ON THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE ABOVE, Omada Digital MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (I) AS TO THE ACCURACY OR RELIABILTY OF ANY SITE CONTENT, (II) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, (III) THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT THE SITE WILL BE FREE FROM HARMFUL CODE OR COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Omada Digital DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NEITHER Omada Digital NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE SITE, YOUR RELIANCE ON ANY OF THE SITE CONTENT OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR DATA DESTRUCTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. At our request, you agree to defend, indemnify and hold harmless Omada Digital and its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising from: (a) any User Created Content you make available to or through the Site, (b) your use of the Site, (c) your violation of these Terms, or (d) your violation of any right of any other person or entity.
Access to the Site; Interference. You are solely responsible for providing and maintaining all hardware, software, electrical and other equipment required for Your access to the Site, including, without limitation, telecommunications and internet access connections. You understand that while we employ measures to ensure that the Site is accessible 24 hours a day/7 days a week, we cannot guarantee the uninterrupted display or accessibility of the Site. In the event of any inaccessibility of Site due to reasons within our control, our sole liability and obligation will be to use commercially reasonable efforts to restore access as soon as practicable. You agree that you will not use any device, software or routine to interfere with the proper working of the Site or use any automated means, including, without limitation, agent, robots, scripts or spiders to access, monitor or copy the Site.
General. These Terms (including any other policies displayed on the Site) constitute the whole legal agreement between you and Omada Digital related to your use of and access to the Site. Omada Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Omada Digital shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof). If Omada Digital fails to exercise or enforce any right or remedy available through these Terms or applicable law, this will not act as a formal waiver of Omada Digital’s rights or remedies. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, then that provision will be removed from these Terms without affecting the rest of the Terms. You agree that monetary damages may not provide a sufficient remedy to Omada Digital for violations of these Terms and you consent to injunctive or other equitable relief for such violations. These Terms shall be governed by the laws of the State of New York, without reference to its conflicts of law provisions. You and Omada Digital each irrevocably agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and you and Omada Digital each waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. Please report any violations of these Terms by emailing email@example.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal effect. Omada Digital reserves the right to make changes to the posted policies and these Terms at any time without notice or liability. You understand that it is your responsibility to check the Terms regularly for changes.
These Terms and Conditions were revised May 15, 2013