Member Login Password       Before you start - Read Omdix Tutorial Omdix Membership is FREE Sign Up - Step 1 *Login (6-15 characters) *Password (6-15 characters) *Confirm Password *Email THE FOLLOWING DESCRIBES THE TERMS ON WHICH Omdix OFFERS YOU ACCESS TO OUR SERVICES. This User Agreement ("Agreement") is a contract between you and Omdix and applies to your use of the Omdix's payment service and any related products and services available through www.Omdix.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Omdix. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Omdix user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Omdix websites and Services will be governed by the terms and conditions posted on those websites. For additional information about the Service and how it works, please also consult the Omdix Help Center. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page, accessible from "Policy Updates" link on the Account Overview page once you have logged in. In addition, you can set your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Omdix," "we" or "our" will refer collectively to Omdix DBA. Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include Visa- and MasterCard-branded debit cards. This Agreement was last modified on March 13, 2003. 1.Eligibility. In order to use the Service, you must register for a Personal or Premier account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors, persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk. In order to receive credit card funded payments or use the Service to conduct business or in conjunction with a business, you must upgrade to or register for a Premier account. 2.The Legal Relationship between You and Omdix. 2.1 Appointed Agent. PayPal acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Omdix will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Omdix is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Omdix is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. You are not required to keep funds in the Omdix system (i.e., carry a balance in your Omdix agency account) in order to use the Service. If you do carry a U.S. Dollar balance in your Omdix account, Omdix will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDIC-insured banks ("Pooled Accounts"). You agree that any earnings on the Pooled Accounts will be the property of Omdix, and you will not receive interest or other earnings on the funds that Omdix handles as your agent. By initiating and sending payments through the Service or adding funds to your balance, you appoint Omdix as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. Omdix will obtain the funds first by debiting your funds in the Pooled Accounts, if any. If this is not sufficient to fund your payment fully, Omdix will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Omdix holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled. By receiving payments through the Service, you appoint Omdix as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct Omdix with respect to the transmission of your funds. Through the PayPal website, you may provide instructions to withdraw the funds, subject to the terms and restrictions of this Agreement. 2.2 Internet Service Provider. Omdix acts as an Internet service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Omdix, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Omdix cannot and does not guarantee any user's identity. 2.4 Release. In the event that you have a dispute with one or more users, you release Omdix (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ?1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor." 2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Omdix shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. 2.7 Indemnification. You agree to indemnify and hold Omdix, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service. 3.Fees. All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Additional information about Omdix's fees is available in the Fees Policy. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates. 4.International Use. To be eligible for an account, you must be a resident of the United States. International Users may not use the Service. If you are an international user, you warrant that you are violating no law or regulation by your use of PayPal. 5.Receiving Payments. 5.1 Credit Card Funded Payments. By accepting a credit card payment, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card funded payment made to your account, we are required by law to reverse the payment and may debit your Omdix account balance to pay for the reversal. If there are insufficient funds in your Omdix balance, you agree to reimburse Omdix through other means, as described in the Payments (Sending, Receiving, and Withdrawing) Policy. Furthermore, if you open a Premier Account after May 5, 2003, you authorize Omdix to debit your bank account linked to that Omdix account for the amount that you owe Omdix on transactions which were not covered by the Seller Protection Policy and which were not recoverable from your Omdix balance. 5.2 Removal of Expired Cards. We will notify you of expired credit cards in your account and provide you the opportunity to update those cards before we remove them as a funding source in your account. 5.3 Withdrawals. In order to withdraw money from your Omdix account we require you to provide Omdix with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your account per month. We may limit withdrawals and require additional information from you depending upon your location, credit rating, and other factors. Generally, in order to withdraw more than $500 per month, we require you to complete some authentication procedures, such as confirming: your email address, your bank account, and your social security number. You may withdraw funds by direct deposit to the bank account you have on file with us or you may elect to receive a PayPal payment for a nominal processing fee as disclosed in our Fee Schedule. For more details and guidelines about withdrawals, please refer to our Payments Policy. 6.Sending Payments. 6.1 Sending Payments. In order to send payments through our Service we require you to provide Omdix with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may send with your account. We may require additional information from you depending on your location and other factors. Based on the information you provide, we will determine your Sending Limit. Generally, accounts that have a confirmed email address and credit card on file may send up to $2000. Accounts that are Verified by adding and confirming a bank account will receive a higher Sending Limit or no limit at all. 6.2 Completing Your PayPal Membership. Some members will be asked to complete their Omdix Membership before they may send any payments. Once you confirm an email address, add a credit card, and enter your Member Number, your account will have an unlimited sending limit. Some accounts, at Omdix's discretion, may have a higher or lower limit before completing their Omdix Membership. Some transactions, at Omdix's discretion, may not apply towards the limit. To obtain your Member Number, you must pay a $1.95 membership fee and log in to your Omdix account and enter the four-digit Member Number associated with the $1.95 charge. After you have successfully entered your Member Number, you will receive a $1.95 bonus on the next Omdix payment you send. (Note: this bonus may take up to 24 hrs to process and be reflected in your Omdix account balance.) Your membership will be complete and your sending limit lifted if and when you correctly enter your Member Number on the Omdix website. If you remove the funding source (e.g. the bank account or credit card) used to establish your membership, Omdix may require you to complete the membership process again. 6.3 Refused Payments. When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with Omdix. The recipient may return the payment or, in some cases, use the Omdix Service to deny payments that you send. Any payments sent through Omdix that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 30 days after the date the payment is sent. For more details and guidelines about Sending Payments, please refer to our Payments Policy. 6.3 Electronic Transfers. When you make a payment through Omdix that is funded with Instant Transfer or eCheck, and when you initiate an "Add Funds" transaction you are requesting an electronic transfer from your bank account. Upon such request, Omdix will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Omdix will never make transfers from your bank account without your authorization. Omdix provides you protection against unauthorized withdrawals from your bank account under the terms of the Electronic Fund Transfer Rights and Error Resolution Policy below. 7.Your Information and Restricted Activities 7.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. 7.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment; (e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (h) be obscene or contain child pornography; (i) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and (j) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 7.3 License. Solely to enable Omdix to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Omdix will use and protect Your Information in accordance with our Privacy Policy. 7.4 Trademarks. Omdix.com, Omdix, and all related logos, products and services described in this website are either trademarks or registered trademarks ofOmdix DBA, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Omdix. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Omdix and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Omdix. Notwithstanding the above, HTML logos provided by Omdix through its Affiliate Program, Website Payments features, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Omdix or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Omdix. Omdix is a hosting and payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 8.Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Omdix site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Omdix by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Omdix or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 9.Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your PayPal account on a page which begins with https://www.Omdix.com/. All of our secure pages begin with https://www.Omdix.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/privacy-outside. If you object to your information being transferred or used in this way, please do not use our Services. 10.Termination or Closing Your Account. You may close your account at any time by clicking the "Close Account" link in your Profile on the Omdix website. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Omdix may continue to hold your funds for up to 180 days as appropriate to protect Omdix against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Omdix will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property. 11.Remedies and Omdix's Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us. In addition, Omdix reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your Omdix account. Additionally, to secure your performance of this Agreement, you grant to Omdix a lien on and security interest in your account. In addition, you acknowledge that Omdix may setoff against any accounts you own for any obligation you owe Omdix at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Omdix may consider this Agreement as your consent to Omdix's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights. 12.Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Omdix. Omdix reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent. 13.Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. 14.Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer: Terms of Use (February 7, 2003) Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular Services, you agree that you are subject to any posted policies or rules applicable which may be posted in conjunction with those Services. All such posted polices or rules are hereby incorporated by reference into this Agreement. 15.Notices. 15.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Omdix in electronic form. Electronic Communications may be posted on the pages within the Omdix website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Omdix reserves the right but assumes no obligation to provide Communications in paper format. 15.2 Credit Report. You agree that Omdix may order and review your credit report with the sole purpose of assessing your fitness to hold a Omdix account and/or your ability to use the Service or features thereof. 15.3 Procedure. Except as explicitly stated otherwise, any notices shall be given to our online message center or the email address you provide to Omdix during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Omdix during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 16.Legal Disputes. In the event a dispute arises between you and Omdix, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Omdix agree that any controversy or claim at law or equity that arises out of this Agreement or Omdix's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Omdix strongly encourages users first to contact Omdix directly to seek a resolution. Omdix will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 16.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Omdix may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR prov Omdix.COM GENERAL TERMS AND CONDITIONS THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH Omdix OFFERS YOU ACCESS TO OUR SITE AND SERVICES. Any usage of the site, be it browsing; or purchasing, submitting or reviewing E-Goods; or participating in the site's communication services, such as message boards and chat rooms, constitutes an agreement by the user to adhere to and be bound by the following Terms and Conditions. You must agree to these Terms and Conditions in order to use the Omdix.com web site. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, do not use this site! Omdix (referred to as "us", "we" or "our") reserves the right to update these terms and conditions from time-to-time. Notice of updates will be posted to this page. By using this Site, you agree to be bound by such revisions and updates and you agree to periodically visit this page to determine the then current Terms and Conditions to which you are bound. "E-Goods" is Omdix.com's name for content (graphics, articles, music files, applications, videos, etc…). E-goods are all the things that you can read, view, download or acquire rights to on the Omdix.com Site. Eligibility. This web site ("Site") is available only to individuals who can form legally binding contracts under applicable law. In accordance with the Children's Online Privacy Protection Act (COPPA) that went into effect April 2000, persons younger than 13 years of age are forbidden from becoming a member of Omdix.com, posting on its message boards, reviewing or submitting E-Goods, or in any way becoming involved in its other communication services without direct written consent and supervision of a parent or guardian. General Disclaimer. Omdix does not recommend or endorse E-Goods that may be posted on the Site. Any opinions expressed on the Site are the opinions of the authors of the E-Goods or Community Managers. We have no control over the quality, safety or legality of E-Goods advertised or offered, the truth or accuracy of the listings, the ability of Sellers to sell E-Goods or the ability of Buyers to acquire rights to E-Goods. We can only ensure that as a Buyer, you will receive the Seller's E-Goods as posted by the Seller and that as a Seller you will receive payment as agreed upon. Omdix does not control the decisions of a Community Manager, who act under their own discretion and control. You must use caution and common sense when using our Site. Reliance on any information provided by Omdix, contributing authors, Community Managers or other visitors to the Site is solely at your own risk. Neither Omdix nor its Community Managers shall be held responsible or liable for any damages or injury to persons or property that may result from use of the Site or the download or use of any E-Goods, product, information, idea or instructions that are placed on or transmitted via Omdix.com. You understand further that the Internet contains unedited materials some of which may be sexually explicit and may be offensive to you. You access this material at your own risk. Omdix accepts no responsibility whatsoever for such materials. Omdix retains the right to modify, add or disable, either permanently or temporarily, any service or feature of Omdix.com at anytime and without notice. Fees and Services. Viewing our Site is free. To download E-Goods posted on this Site you must register with a credit card or with PayPal. Any fees charged by your credit card or by PayPal are not fees of Omdix. Intellectual Property Rights You should assume that everything you see, read or hear on the Site is copyrighted under both United States and foreign laws unless otherwise noted. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform any posted E-Good in any manner without first acquiring the right to do so and agreeing to be bound to the terms of license under which each E-Good is offered for downloading. Disclaimer of Consequential Damages. Omdix makes no representations about the results to be obtained from using the Omdix Site or the E-Goods. The use of the Omdix Site and the E-Goods is at your own risk. E-GOODS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" AND Omdix MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THEIR USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND Omdix MAKES NO REPRESENTATION THAT THE E-GOODS APPEARIING ON OR DOWNLOADED FROM THIS SITE ARE COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO Omdix EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. Omdix DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND THE CONTENT THEREIN. Omdix MAY REVISE OR DELETE E-GOODS, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability IN NO EVENT WILL Omdix, ITS SUPPLIERS OR OTHERS INVOLVED IN THE CREATION OR DELIVERY OF THE WEB SITE OR CONTENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILIITY TO USE THIS WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRRUTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, OR DATA; EVEN IF A Omdix EMPLOYEE, AGENT OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnity. You agree to defend, indemnify and hold Omdix, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this Site and the E-Goods posted, or the Interactive Areas, from any third party's claim against the user's activities on Omdix.com, including any violation of these Terms of Use, the Code of Conduct, copyright, trademark, patent or protected material infringement, or any claim of defamation, slander, liable or the like, or conduct that violates or is alleged to violate these Terms and Conditions. Omdix shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Links. Omdix's Web Site may contain "links" to non-Omdix sites and it is possible that non-Omdix sites also link to Omdix web sites. Omdix is not responsible for the content or policies practiced by non-Omdix web sites. Omdix does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Omdix Site. The appearance of any link to other sites does not constitute or imply any approval or endorsement by Omdix of the other sites. Your following any such links to other web sites is at your own risk. Termination Community Managers and other Omdix employees may terminate, at their discretion and without notice, the account of any user who fails to follow Omdix.com's established Community Code of Conduct and Terms of Use agreement. Community Managers and other Omdix employees may remove, at their discretion and without notice, any posting or submitted content that violates Omdix.com's established Community Code of Conduct and Terms of Use agreement. Strict adherence to these Terms of Use is required of all visitors and users of Omdix.com. There shall be no exceptions. Trademarks The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web Site are the registered and/or unregistered trademarks of Omdix, Inc., its affiliates and others. Nothing contained on the Web Site or in this Agreement serves to grant to you, by implication, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Omdix or such third party that may own the displayed Trademark. Export Laws - Availability of Products and Services E-Goods offered by this Site may not be available for use in all countries or locations. The United States controls the export of products and information. You agree to comply with such restrictions and agree not to export or re-export the E-Goods to countries or persons prohibited under the export control laws. By downloading E-Goods, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of E-Goods. Governing Laws and General Provisions Omdix operates this Site from its offices in the United States of America, and makes no representation that this Site or Content therein is appropriate or available for use in or from other locations. If you use this Site from other locations, you do so at your own risk. Access to E-Goods on Omdix's Site may not be legal by certain persons or in certain countries. You expressly agree that exclusive jurisdiction for any dispute with Omdix, or in any way relating to your membership or use of this Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Omdix or its affiliates, subsidiaries, employees, contractors, officers, directors and content providers. These Terms and Conditions are governed by the laws of the State of California, without respect to its conflict of laws principles. If any provision of these terms or conditions is found void and unenforceable, it will not affect the validity of the balance thereof, which shall remain valid and enforceable according to its terms. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Omdix reserves the right in its sole discretion to refuse or terminate access to the Web Site by you at any time. We may, at our sole discretion, terminate, change or suspend any part of our web site, including any content, features or hours of availability. Regardless of any statute or law to the contrary, any claim or legal action resulting from, including or regarding Omdix.com must be filed within one year of the origination of the grievance. Questions or comments regarding this Site should be directed by electronic mail to webmaster @Omdix.com. (C) Copyright Omdix, Inc. 2000 All Rights Reserved Community Code of Conduct Omdix provides Omdix.com free of use and "as is." Any usage of the Site, be it browsing; the purchasing, submitting or reviewing of E-Goods; or participating in the Site's communication services, such as message boards and chat rooms, constitutes an agreement by the user to adhere to and be bound by the following Community Code of Conduct. ______________________________________________________________________ Omdix.com provides an open, public forum for its members to meet, discuss issues and build relationships with others in a Community. It encourages the free exchange of ideas and even argument, but it condemns any activity that creates an uncomfortable atmosphere for others. Participation in any Omdix Community is a privilege, not a right. As such, visitors, Members and other participants on Omdix.com will be held to the highest standard of public etiquette and decorum. Although all users shall be held accountable for their own conduct, Omdix has compiled the following list of inappropriate conduct and unacceptable uses of Omdix.com. Failure to comply with these terms will result in the immediate termination of a user's account. 1. Offensive language of any nature cannot be tolerated on Omdix.com. Since it is difficult to define what is offensive, the ultimate decision will rest with the Community Manager. However, the Community Manager is required to base his/her decisions on the following guidelines. No sexually offensive language - Sexually offensive shall be defined as, but not limited to, any language that demeans, demoralizes or degrades any gender or sexual preference or that graphically or explicitly depicts any sexual act. No racist or intolerant language - Racist or intolerant shall be defined as, but not limited to, any language that is degrading, bigoted, hateful, inciting, threatening, or vulgar toward any individual or group based on skin color, ethnic background, religious or political affiliation, sexual preference or other personal affinity. No profane language - Profane shall be defined as, but not limited to, any language that is, by its nature, vulgar, obscene, indecent or abusive to other members. 2. Personal attacks or the defamation of another's character on or through Omdix.com is strictly prohibited. This includes posting any message, submitting any E-Goods or in any other way supplying information that could be construed as libelous, harassing, stalking, abusive, harmful, threatening, degrading or invasive to the privacy of any individual or group. The posting of any private information, either factual or rumored, regarding an individual or group is also prohibited. 3. Users shall neither post nor submit to Omdix.com e-mails; portions of text or graphics from e-mails; or any other messages written or created by another individual as part of a private communication. 4. Users shall, in no way, use Omdix.com in the planning, promoting or inciting of any illegal activity. 5. Users shall, in no way, collect or use any other member's information for commercial purposes or financial gain without direct, written consent from the member. The use of any Omdix.com E-Goods, name, logo or business model for resell or other financial or commercial purpose, without the permission of Omdix, is strictly prohibited. 6. Users shall not send chain letters, junk mail, "spamming", solicitations or any other bulk communication to Omdix's Community members without specific permission from the members themselves. 7. Users shall not post, submit or transmit any material, data, E-Goods or information that violates any local, state, national or international law or that promotes any illegal activity or incites others to illegal or violent actions. 8. Users shall neither disguise the origin of any posted comment or submitted E-Goods; impersonate any other person, either real or fictitious; or misrepresent any type of affiliation with another party. 9. Users shall not interfere with, modify or, in any way, disrupt Omdix.com, its servers, networks, other properties or components through the malicious or inadvertent transmission of software, code, viruses, worms, bits or other disruptive programs or files. Nor shall users employ such methods to interfere with, modify or disrupt the systems or data of any other Omdix.com user or affiliate. 10. Users shall not, in any way, interfere with another user's rights, including, but not limited to, their right to positive, effective communication free from offensive content, personal attacks and the perpetual posting of comments unrelated to the Community or its current topic. Copyright Restrictions Each user of Omdix.com is legally and ethically responsible for any E-Goods or comments he/she submits or posts to the site. Omdix prohibits the posting or submitting of any text, graphic, video file, audio file, concept, information or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right. By submitting E-Goods to the site, the user is stating that he/she owns the proprietary rights to the content and agrees to allow Omdix to post it to their public site; or that the proper usage rights of the material have been granted to the user by the owner and it can legally be used by Omdix. Based on this implied statement, Omdix's Community Manager will assume sufficient rights to the E-Goods have been granted and will, at his/her discretion, post the E-Goods to Omdix.com. Users are responsible and liable for the legal and ethical maintenance of E-Goods once they have been licensed, purchased, viewed and/or downloaded to a personal computer. All E-Goods placed on Omdix.com are protected under the proprietary rights of their owners or creators. Users who purchase the digital E-Goods may not violate these proprietary rights through the reproduction, duplication or distribution of the items. Users found to have violated these proprietary rights shall be prosecuted to the fullest extent of the law. Notice of claims of copyright or proprietary rights infringement shall be sent to: Omdix Editor 20101 McKinley Lane Huntington Beach, CA 92646 E-mail - webmaster@Omdix.com User Responsibilities Each user of Omdix.com is legally and ethically responsible for any E-Goods or comments he/she posts or submits to Omdix.com and for any resulting consequences. As a member of a Omdix.com Community you may not: · Post any messages or submit any E-Goods that, in any way, frighten, threaten, harass or endanger any other person, either within or outside of the Community. · Use sexually explicit language or expressions of profanity, racism, intolerance or hatred. Such language will result in immediate expulsion from the site. · Post any messages or submit any E-Goods that disseminate defamatory, libelous, profane, obscene, or in any way illegal material. · Persistently post off-topic comments, inciting or inflammatory statements, or participate in any activity that detracts from Community efforts and activities. · Post any messages or submit any E-Goods that violate any copyright, trademark, patent or trade secret protection laws, rights of privacy and publicity, or any other applicable laws. Members will be held solely responsible for any unlawful submission of proprietary E-Goods. · Reproduce, duplicate or distribute any E-Goods purchased or downloaded from Omdix.com. This is a violation of proprietary rights law. · Disseminate any material, such as a virus, worm, Trojan horse or bot, that could damage another user's computer or stored data or that would allow someone to inappropriately access software or Web sites. The transmission of technical data or software restricted by U.S. law is also prohibited. · Impersonate any other person, either real or fictitious, or misrepresent any type of affiliation with another party. · Include any personal information in an open correspondence. Omdix.com is a public forum so providing personal information via the site could be dangerous. Please read Omdix's Privacy Statement. As a member of a Omdix.com Community you are responsible and liable for: · Adherence to all applicable local, state, national and international laws and regulations. · All acts that occur under your account. · All E-Goods submissions, E-Goods Reviews, postings and/or other actions resulting from participation in Community activities. · Any actions taken based on the advice or information received on Omdix.com or any of its linked or affiliated sites. Omdix cannot guarantee the validity or accuracy of any E-Goods submitted to the site. · The decision to purchase E-Goods from Omdix.com and any losses or damages that may result. Termination Community Managers and other Omdix employees may terminate, at their discretion and without notice, the account of any member who fails to follow the established Community Code of Conduct and Terms of Use agreement. Community Managers and other Omdix employees may remove, at their discretion and without notice, any postings or submitted E-Goods that violate the established Community Code of Conduct and Terms of Use agreement. Further details on all restrictions and terms stated in the Community Code of Conduct are described in Omdix.com Terms of Use. Omdix reserves the right to amend or change the Community Code of Conduct at any time without notice. Members agree to periodically review the Code to ensure cooperation. * Yes, I do agree to Omdix Membership Agreement as above, terms of use and code of conduct Secret Phrase Setup Please read this first *Secret Phrase (6-15 characters) *Repeat Secret Phrase *Secret Phrase Tip Referred by (Enter login name of a user who referred you) Sign Up - Step 2 Check your email. We will send you an account verification code. Go to the first page of Omdix.com and try to login with your login and password as above. When asked for account verification code, enter the one we sent you in the email. Omdix.com will not tolerate any illegal activities. If you are here to do anything illegal, please don't sign up. Before you click Sign Up, verify that this page is secure and belongs to Omdix: - address should start with https://Omdix.com or https://www.Omdix.com if anything else, close your browser immediately! - browser should display   *Required Fields Could not connect to bam - please try later.