Terms of Use Agreement

This Agreement applies to www.omgfriends.com (the “Site”). By using the Site you agree to be bound by these terms of use regardless of whether or not you register as a OMG Friends!™ User. This Agreement outlines the terms under which you may use the Site. This Agreement includes our Acceptable Use Policy for any and all content posted on the Site, our Privacy Policy, and any notices regarding the Site. If you view content, post comments, make purchases and/or submit content to the Site (that is, use the “Site Services”), please be sure to read these Terms of Use and the Privacy Policy carefully. Your use of the Site Services constitutes your acceptance of the terms listed in this Agreement.

The website available at www.omgfriends.com (the “Site”) is owned and operated by Ideas With Heart, LLC (“IWH” or “us”), and is accessed by you under the following terms and conditions (the “Terms of Service”). By using and/or visiting the OMG Friends!™ Site, you agree to (1) these Terms of Service, (2) IWH’s Privacy Policy, and (3) IWH’s Community Guidelines.

[This means by interacting on this site, you agree to its terms and privacy policy. If you do not agree to any of these, that’ll make us a little :( because it means that you shouldn’t use our site.]

Revisions

We may revise these Terms of Service at any time by posting an update to this page. You should visit this page periodically if these things are important to you, because your continued use of the Site will mean you accept those changes, whether you’ve read them or not.

[This one's pretty simple: The terms of service could change at some point, by using the site you're stating that you agree with the terms of service. So check back periodically if this is important to you. Don't worry; we're not going to do anything sneaky or sinister. We’re friends!]

Eligibility

If you are 13 years of age or older, you may register to become an OMG Friends!™ User and may use the Site Services. Children under 13 are never allowed to use this Site and must rely on a parent or guardian to access and use the Site on their behalf. By registering and using this Site, you warrant both that you have the right and/or authority to enter into this Agreement and that you will agree to any and all terms of use listed in this Agreement (including such modifications as we will make from time to time).

[OMGFriends!™ is fun for all ages but our site, www.omgfriends.com is for people 13 and older. So get a parent to help if you’re under 13.]

Proprietary Intellectual Property Rights

The Site contains IWH’s intellectual property, which may include patents, copyrighted material, trademarks, and other proprietary information of IWH and its affiliates, subsidiaries, or licensors (collectively, “Proprietary Information”). Ideas With Heart, LLC owns and retains all proprietary rights in and to the Site, the Proprietary Information and the Site Services, but not your User Content (defined below).

You may link to and share content on this Site, so long as such use reflects favorably on IWH and IWH’s products and services and does not imply IWH’s affiliation or endorsement of a third party product or service.

[We own most all the stuff on the site. So don’t take it and use it unless we say it’s cool. However, we don’t own your user content and public info that’s on the site.]

User Content

“User Content” means posts, messages, photos, video, or sound recordings submitted by Site users to OMG Friends!™.

[Basically “user content” is what you input into the site.]

License

So that we may host and display your User Content, when you provide us with User Content, you grant Ideas With Heart, LLC a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any media now known or known in the future.

[When you or we post your stuff, it falls under our copyright policies as well as any of your content we host.]

Material You Submit

You are solely responsible for User Content that you submit to the Site. You may not post or copy any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

[Don’t post stuff that’s not yours.]

Inappropriate Use Conduct

Using the Site is a privilege. If necessary, your ability to use the Site and to post User Content can be revoked at any time and for any reason, or no reason.

[We like having you here, so be nice and treat others as you'd like to be treated. Don't make us turn out the lights and pretend we're not home.]

Disclaimers, Damages and Liability

Ideas With Heart, LLC is not responsible for the conduct, whether online or offline, of any user of the Site or the Site Services. IWH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. IWH is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or OMG Friends!™ Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site Services. Under no circumstances will IWH be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Site Services, any User Content posted on the Site, or any interactions between users of the Site, whether online or offline.

The Site and the Site Services are provided “AS-IS” and (to the extent legally permitted) IWH expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. IWH cannot guarantee and does not promise any specific results from use of the Site and/or the Site Services.

Except where restricted or prohibited, in no event will Ideas With Heart, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Site Services, or of our termination of your OMG Friends!™ User status, even if IWH has been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

[There’s lots of stuff we’re not liable for. So...you might wanna read this.]

Claims or Disputes

If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Site Services (“Claim”), you agree that we will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of Oregon as they apply to agreements entered into and to be performed entirely within Oregon between Oregon residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in Multnomah County, Oregon. You agree to submit to the personal jurisdiction of the courts located within Multnomah County, Oregon for the purpose of litigating all Claims.

[We’re in Oregon. Yay! So you’re agreeing that if you need to make a claim or dispute, you’ll go through a court in Multnomah County, Oregon. The county that Portland is in. We live there and it’s magical.]

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

[This agreement doesn’t make us partners. We can be friends though!]

Other

Ideas With Heart, LLC is located at 4110 SE Hawthorne Blvd. #650, Portland, OR 97214. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect.  Section headings are for references purposes and do not limit the scope or extent of any section. IWH’s 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. IWH does not guarantee that we will take action against all breaches of this Agreement.

IWH may amend this Agreement at any time by posting amended terms on the Site.

[This just kind of sums it up. Thanks for taking time to read our exciting Terms of Use!]