PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
Subject to these Terms of Use, OmniGraph A/S (referred to herein as "OmniGraph", "we", "us" and "our") provides you with access to omnigraph.io (hereinafter referred to herein as the "Website"). Our VAT number is DK44955423
OmniGraph reserves the right to take any such action as it deems necessary (including without limitation, terminating access to the Website, terminating your account and/or cancelling any order for services or products) in the event that it suspects you are engaging in fraudulent or unlawful activity, or acting in a way which breaches these Terms of Use.
- Acceptance of Terms of Use
- By accessing and using the Website, you are agreeing to these Terms of Use without limitation or qualification. If you do not agree to these Terms of Use, please do not access or use this Website.
- These Terms of Use are available via a link at the bottom of each page on the Website. You may review or print out the Terms of Use at any time free of charge. We reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Website to review the terms that apply at that time. Your continued use of the Website confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to any changes to the Terms of Use, you should cease using the Website.
- From time to time, OmniGraph may supplement these Terms of Use with additional terms pertaining to specific content or events (“Additional Terms”). Such Additional Terms will be uploaded to the Website to be viewed in connection with the specific content or events, and you will be asked to agree to such Additional Terms before engaging with the relevant content or events.
- Use of the Website
- You may browse and use the Website in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Website or any content made available on the Website: (i) for public or commercial purposes without the express written permission of OmniGraph; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Website or interfere with any other party's legitimate access to and use of the Website. You must not act in a manner likely to misrepresent or damage OmniGraph’s business or brand whilst interacting with the Website.
- You will not use the Website to send junk mail, spam (commercial or non-commercial), chain messages or bulk communications of any kind,.
- You will not transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, key loggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website. If you download software or any other content from the Website, you do so at your own risk.
- If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in Section 16.
- Copyright and Trademarks
- The Website and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Website (the "Content") are the property of, or used with permission by OmniGraph A/S and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Website, or any Content. All rights to Content are reserved by and to the respective owners of such Content.
- Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Website are registered and unregistered trademarks, trade names and service marks owned by OmniGraph A/S. Other trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by OmniGraph. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without OmniGraph 's written permission or the written permission of such third-party owner.
- User Communications
- You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with OmniGraph on the Website or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications").
- By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. OmniGraph does not verify, approve, endorse or sponsor any such User Communications submitted by you or other users of the Website. We reserve the right to terminate and/or deny your access to the Website if we determine, having good reason to do so, that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
- Subject to the terms and conditions set forth in our Privacy Policy, which can be found here https://omnigraph.io/legal/privacy-policy (the “Privacy Policy”), all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to OmniGraph and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, transferable, irrevocable, worldwide license to use, transmit, copy, reproduce, distribute, publicly perform and publicly display the User Communications, and to prepare derivative works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Website and have all relevant licenses and consents from any relevant third parties. Further, OmniGraph and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication for any purpose whatsoever including without limitation developing, manufacturing and marketing products.
- You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. OmniGraph will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
- We may monitor or review any User Communications. We shall have no obligation to use, return, or respond to any User Communications. We act merely as a medium for distribution of User Communications. You agree to notify OmniGraph of any objectionable User Communications. If we become aware of or are notified of any concern regarding User Communications, we will investigate the concern. We retain the right to remove any or all User Communications in our sole discretion.
- Personal Information/Privacy Policy
- We value your privacy and are committed to safeguarding your personal information. Please refer to the Privacy Policy for details about what information we collect on the Website and how we process, store and share such information.
- Termination/Suspension
- We may suspend or terminate your use of the Website at any time if we have good reason to do so. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. Additionally, (before OmniGraph accepts the order) we may cancel any order placed through the Website if we have good reason to do so.
- Linking
- The Website may contain links to other websites that are not owned, operated or controlled by OmniGraph or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely for information only. If you use these links, you will leave the Website. We are not responsible for your use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results that you may obtain from using any Third-Party Site. If you use any Third-Party Site linked on the Website, you do so entirely at your own risk.
- If you intend to create any link from another website to any page on this Website, you must inform us via email at: compliance@omnigraph.io
- We reserve the right to prohibit creation of any such link at any time. Any permitted links to the Website must comply with all applicable laws, rules, regulations and our internal policies. Running or displaying the Website or any Content in frames or similar means on another website without our prior written permission is prohibited.
- Disclaimer
- EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE WEBSITE AND ANY CONTENT ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OMNIPGRAPH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ANY CONTENT.
- UNLESS YOU INFORM US OF YOUR REQUIREMENTS, OMNIGRAPH MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE PLATFORM, OMNIGRAPH MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE.
- OMNIGRAPH DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
- THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Limitation of liability
- WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABLITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUDULENT MISREPRESENTATION.
- IN NO EVENT WILL OMNIGRAPH BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHICH ARISE DUE TO YOUR FAULT IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- EXCEPT AS EXPRESSLY STATED ON THE WEBSITE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OMNIGRAPH MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE.
- THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW AND DO NOT AFFECT YOUR RIGHTS UNDER CONSUMER LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Indemnification
- Unless prohibited by applicable law, you agree to compensate each of OmniGraph, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from or related to , the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.
- Governing Law and venue
- We provide the services of the Website from our offices within Denmark. We make no representation that the content on our Website is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of Denmark, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Any controversy or claim arising out of or relating to these Terms of Use, your use of the Website or your purchase of any products from the Website shall be settled by the competent courts of Denmark.
- You acknowledge that a breach of these Terms of Use which: (i) relates to intellectual property rights or confidential information; and (ii) is likely to cause significant commercial harm to OmniGraph, may result in irreparable injury to OmniGraph that cannot be compensated for adequately by damages. Consequently, OmniGraph shall be entitled, in addition to all other remedies available, to seek injunctive, specific performance and other equitable relief to prevent such a breach.
- Remedies for Breach of these Terms of Use by You
- Without limiting any other rights or remedies, in the event that OmniGraph determines, having good reason to do so, that you have breached any portion of these Terms of Use, or have otherwise demonstrated inappropriate conduct, OmniGraph reserves the right, in particular, to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Website; (iii) discontinue your access to the Website; (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which OmniGraph deems to be appropriate.
- If your ability to access and/or use the Website or any other service provided to you by OmniGraph is discontinued by us hereunder in accordance with these Terms of Use, then you agree that you shall not attempt to re-register with or access the Website, any other service provided by OmniGraph, through use of a different member name or otherwise.
- Copyright Complaint
- We respect the intellectual property of others, and we expect users of the Website to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
Bryggernes Plads 17. 3. sal, DK-1799 København V, Denmark
or at email: compliance@omnigraph.io - We recommend that claims of copyright infringement are made in writing and include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work (or a copy of the copyrighted work) exists; (iii) the URL or other specific location on our Website where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you,, that the above information in your notice is accurate and truthful, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Children
- Access to and use of the Website is intended only for people over the age of 18. The Website is not intended to be used by minor people under the age of 18 (“Minors”). Minors accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow a Minor for whom you are a legal guardian, to access the Website, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor.
- Miscellaneous
- In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect.
- Any failure by OmniGraph to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
- You represent to OmniGraph that you have the authority to access and use the Website according to these Terms of Use. These Terms of Use and any Additional Terms constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.
- Contact Us
- We welcome your comments and questions. Please contact us at:
Bryggernes Plads 17, 3. sal, DK1799 København V, Denmark
E-mail: compliance@omnigraph.io