1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
You understand that all postings, messages, text, files, images, photos, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that OMGBack.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OMGBack.com site and Content available through the Service may contain links to other websites, which are completely independent of OMGBack.com. OMGBack.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OMGBack.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OMGBack.com does not pre-screen or approve Content, but that OMGBack.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The OMGBack.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OMGBack.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that OMGBack.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OMGBack.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OMGBack.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OMGBack.com for notice of claims of copyright or other intellectual property infringement (“Agent”), at
P.O. Box 86653
Portland, OR 97286
Please provide us with the following Notice:
a) Identify the material on the OMGBack.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
OMGBack.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
a) That is unlawful or is harmful to minors in any way;
b) That is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) That impersonates any person or entity, including, but not limited to, a OMGBack.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
d) That is false, deceptive, misleading, deceitful, or misinformative.
e) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f) That constitutes or contains any form of advertising or solicitation if: posted in areas of the OMGBack.com site which are not designated for such purposes; or emailed to OMGBack.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
g) That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Oregon law.
h) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
j) That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
k) “Stalk” or harass anyone;
l) Collect personal data about other users for unlawful purposes;
m) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by OMGBack.com;
n) Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
o) Post the same item or service in more than one classified category;
p) Attempt to gain unauthorized access to OMGBack.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OMGBack.com website; or
q) Use any form of automated device or computer program that enables the submission of postings on OMGBack.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to OMGBack.com email addresses or through OMGBack.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Oregon or elsewhere. Any unauthorized use of OMGBack.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. NATIONAL SECURITY POLICY
You agree not to use the Service or any third party service accessible from OMGBack.com in any way that compromises the national security of the United States of America or any of it’s allies official or non-official including, but not limited to members of the North Atlantic Treaty Organization (NATO), State of Israel, Japan, Republic of China (Taiwan), Australia, New Zealand, Georgia, State of Kuwait, Republic of Iraq, Republic of Korea, Kingdom of Saudi Arabia, and Islamic Republic of Afghanistan. Activity in violation of this section includes and is not limited to classified and non-classified information related to military installations and the position of any ground, naval, or air units. You also agree not to use this service to support, promote, or otherwise encourage activities that benefit any terrorist activity.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that OMGBack.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OMGBack.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OMGBack.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OMGBack.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
OMGBack.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) Any copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OMGBack.com. A limited exception to this provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
OMGBack.com permits you to create a hyperlink on your website to individual postings on the Service. OMGBack.com permits you to display on your website any portion of OMGBack.com so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs, social media, or personal online media). You may also create a hyperlink to the home page of OMGBack.com so long as the link does not portray OMGBack.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by OMGBack.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from OMGBack.com.
13. TERMINATION OF SERVICE
You agree that OMGBack.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OMGBack.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that OMGBack.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6, and 11-15 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OMGBack.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OMGBack.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although OMGBack.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OMGBack.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant OMGBack.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FoulSpeakers.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FoulSpeakers.COM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FoulSpeakers.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FoulSpeakers.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FoulSpeakers.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FoulSpeakers.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FoulSpeakers.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FoulSpeakers.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FoulSpeakers.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FoulSpeakers.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FoulSpeakers.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FoulSpeakers.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE FoulSpeakers.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FoulSpeakers.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FoulSpeakers.COM SITE OR THE SERVICE OR ANY LINKS ON THE FoulSpeakers.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FoulSpeakers.COM SITE OR THE SERVICE OR ANY LINKS ON THE FoulSpeakers.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold OMGBack.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and OMGBack.com and govern your use of the Service, superseding any prior agreements between you and OMGBack.com. The TOU and the relationship between you and OMGBack.com shall be governed by the laws of Iceland without regard to its conflict of law provisions. You and OMGBack.com agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Iceland. The failure of OMGBack.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, not to file any claim or cause of action against OMGBack.com arising out of or related to use of the Service or the TOU.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by contacting OMGBack.com at https://OMGBack.com/contact-us/
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for OMGBack.com to pursue legal action to enforce these Terms, you will be liable to pay OMGBack.com the following amounts as liquidated damages, which you accept as reasonable estimates of OMGBack.com’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity, you agree to pay OMGBack.com one thousand dollars ($1,000) for each such message.
b. If OMGBack.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay OMGBack.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access OMGBack.com in excess of such limits, whichever is higher.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay OMGBack.com seven thousand five hundred dollars ($7,500) for each Item of Content posted. In its sole discretion, OMGBack.com may elect to issue a warning before assessing damages.
f. If you display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without OMGBack.com’s express written permission, you agree to pay OMGBack.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay OMGBack.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, OMGBack.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. Victim Compensation
If information published by you is found to be incorrect in any way not limited to and including:
a) The intentional publishing of false information that implies that a person has engaged in behavior that a reasonable person would believe to have occurred based on the published information and that information damages the reputation of the individual named in the publication. This section does not apply to information based on a third party publication including, but not limited to newspapers, magazines, websites, or television broadcasts where the source of the information is cited in the published information.
b) The unintentional publishing of false information that implies that a person has engaged in behavior that a reasonable person would believe to have occurred based on the published information and that information damages the reputation of the individual named in the publication. This section does not apply to information based on a third party publication including, but not limited to newspapers, magazines, websites, or television broadcasts where the source of the information is cited in the published information.
If you are found to have violated this section you agree to compensate the victim a monetary amount not less than $5,000 United States Dollars plus all legal expenses including, but not necessarily limited to attorney fees, court fees, and investigation expenses up to the maximum monetary amount allowed by law.