Omnia Defi ApS Terms and Conditions
Changes and Modifications
The fact that Omnia has made the information and materials provided on the Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product or asset described on the Site is suitable or appropriate for you. Products or assets described on the Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product or asset should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the information or material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any financial, investment or trading decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
Copyright and Limited Licence
Unless otherwise indicated on the Site, the Site and all content, information and other materials on the Site, including, without limitation, the Omnia logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the «Site Materials») are the proprietary property of Omnia or its licensors and are protected by DanishUK and international copyright laws.
You are granted a limited, non-sublicensable and non-transferable license to use and access the Site and the Site Materials; subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by Omnia, such license does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (с) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or the Site Materials other than for its purpose intended by Omnia. Any use of the Site or the Site Materials other than as specifically authorised herein, without the prior written permission of Omnia, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time and without notice.
«Omnia» and the Omnia logos (and any other Omnia product or service name, logo or slogan) contained on the Site are trademarks or service marks of Omnia (the «Omnia Marks») and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with the prior written permission of Omnia. You may not use any metatags or any other «hidden text» utilizing any Omnia Marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Omnia and is part of the Omnia Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission, except as expressly permitted herein or on the Site. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark owner.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Omnia or any of the Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any illegal material or any material that is offensive, harassing, adult or otherwise objectionable. This limited right may be revoked at any time without notice. You may not use any Omnia Marks or other proprietary graphic of Omnia to link to the Site without the express written permission of Omnia. Further, you may not use, frame or utilise framing techniques to enclose any Omnia trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without our express written consent. Except as noted above, you are not conveyed any right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Omnia or any third party.
Third Party Content
Omnia and the Site’s users may provide on the Site links to web pages, promotions, logos and other material and content that are not owned or controlled by Omnia (collectively, the «Third Party Content») for your convenience only. You acknowledge that Omnia does not control, endorse, sponsor or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy, validity, legality, copyright compliance, decency or completeness. You acknowledge and agree that Omnia is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to keep up to date or review any Third Party Content nor do we warrant that the links to the Third Party Content are operational. You access or use such Third Party Content contained therein at your own risk. Your dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or promotions, are solely between you and such third parties. Omnia is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
If you post, upload, input, store, provide or submit your personal data to or via the Site or to Omnia, including without limitation, your name, email address, IP address, cryptocurrency address, text, code, data, information, photos, video, graphics, music, sound, messages or other information and materials, sign up to our mailing list or create an account on the Site (collectively, the «User Content»), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, store, provide or submit to Omnia or to or via the Site do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed to or via the Site or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licences in respect of your User Content; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any) on the Site. You agree to notify Omnia immediately of any unauthorised use of your User Content, account or any other breach of security. Omnia will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Omnia or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, storing, providing or submitting your User Content to Omnia or via or on the Site, you grant Omnia and any necessary sub-licensees a non-exclusive, worldwide, perpetual licence, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform Omnia of any changes to your User Content by updating your personal data by contacting us at [email protected], so that we can communicate with you effectively and provide accurate and up to date information to you. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
If you become aware of any User Content that you believe violates these Terms you may report it by emailing [email protected]. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by the Terms.
Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of the Site or if you breach any of your obligations under these Terms, we may without notice suspend or terminate your use of or access to the Site at any time and for any reason.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Omnia or the Site (collectively, «Feedback») that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Omnia. Omnia will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We do however acknowledge and reward feedback that is useful to us. Feedback does not include User Content.
Acceptable Use Policy
You must only use the content or services provided on or via the Site for their stated purpose. You must not use the Site to:
(a) publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, adult, tortious or otherwise objectionable;
(b) display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
(c) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of the Site;
(d) violate any applicable laws or regulations;
(e) use the Site or links on the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using the Site or links on the Site or that could damage, disable, overburden or impair the functioning of the Site or our servers or any networks connected to any of our servers in any manner;
(f) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorised user of the Site or a Omnia representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
(g) mislead or deceive Omnia, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
(h) disguise the origin of any material transmitted through the services provided by the Site (whether by forging message/packet headers or otherwise manipulating normal identification information);
(i) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
(j) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
(k) send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;
(l) access any content, area or functionality of the Site that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Site;
(m) obtain unauthorised access to or interfere with the performance of the servers which host the Site or provide the services on the Site or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
(n) attempt to gain unauthorised access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking bug bounty program, password mining, or any other means;
(o) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or its services;
(p) harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
(q) use any part of the Site other than for its intended purpose; or
(r) use the Website to engage in or promote any activity that violates these Terms.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Omnia, its and any of its affiliates’ independent contractors, service providers and consultants, and their respective present and future officers, employees, shareholders, agents, representatives, successors and assigns from and against any claims, damages, costs, liabilities, losses and expenses (including, but not limited to, attorneys’ fees) arising out of or related to: (a) your use of and access to the Site or the use of any of Omnia’s products or services; (b) any Use Content and Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Omnia.
Disclaimer of Warranties
THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED «AS IS» «AS AVAILABLE.» Omnia IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND REGARDING THE SITE AND SUCH INFORMATION AND MATERIALS. OMNIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. OMNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. WHILE OMNIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, OMNIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OMNIA’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Limitation of Liability
IN NO EVENT WILL OMNIA, ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OMNIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO OMNIA’S RECORDS, PROGRAMS OR THE SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF OMNIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OMNIA FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Discontinuance and Termination
Omnia reserves the right to suspend or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Omnia will not be liable for any suspension or discontinuance of the Site or any part thereof. Notwithstanding any of these Terms, Omnia reserves the right, without notice and in its sole discretion, to terminate or suspend your right to use the Site, and to block or prevent your future access to, and use of, the Site.
Sections under the following headings: Site Content and Materials, Eligibility, Trademarks, Third Party Content, User Content, Feedback, Acceptable Use Policy, Disclaimer of Warranties, Limitation on Liability, Indemnification, Survival, No Waiver and Severability, Applicable Law and Jurisdiction, shall survive any termination or expiration of these Terms.
No Waiver and Severability
No waiver of by Omnia of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Omnia to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The owner of the Sites is based in Denmark. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the EEA, you do so on your own initiative and are responsible for compliance with local laws and regulations.
These Terms and your use of and access to the Site are governed by and shall be construed in accordance with the laws of Denmark, without resort to its conflict of law provisions.
Any dispute, claim, action and proceeding arising out of or relating to these Terms and/or your use of and access of the Site and/or any matters connected to such use and access (a «Dispute») will be litigated exclusively in the courts of Denmark (and you hereby irrevocably and unconditionally consent and submit to the jurisdiction of these courts to settle any Dispute). Without prejudice to the foregoing, Omnia retains the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any such courts and to venue in such courts.
Legal Entity Disclosure
Omnia and Omnia Defi is the marketing name for Omnia Defi ApS and its subsidiaries and affiliates worldwide. The Site has been issued and approved for access in the EEA by Omnia Defi ApS.
Questions, Complaints and Contact Information
Questions, complaints or comments about the Site or these Terms may be directed to Omnia by emailing [email protected].