This is an agreement between Algento Cloud Computing Limited ("OMG"), the owner and operator of itsomg.com (the "OMG Site"), the OMG software and OMG Client and Content (collectively, including all content available through the OMG Client and Content and OMG Site, the "OMG Service", or the "Service"), and you ("you" or "You"), a user of the Service.
If you do not agree to any of these terms, you may not use the Service.
2. OMG Service
These Terms of Service apply to all users of the OMG Service. Information provided by users may contain links to third party websites that are not owned or controlled by OMG. OMG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OMG will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that OMG shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. OMG Access
A. Subject to your compliance with these Terms, OMG hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without OMG's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide OMG with your phone number. You expressly acknowledge and agree that in order to provide the Service, OMG may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to OMG to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person's phone number without their permission. We do not collect addresses or email addresses, just mobile phone numbers. You are solely responsible for the status message that is displayed for your phone number. You must notify OMG immediately of any breach of security or unauthorized use of your phone. Although OMG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OMG or others due to such unauthorized use.
C. You agree not to use or launch any automated system,including without limitation, "robots," "spiders,""offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the OMG servers in a given period of time than a human can reasonably produce in the same period by using a OMG application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, OMG grants the operators of public search engines permission to use spiders to copy materials from the OMG website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OMG reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by OMG clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the OMG Service along with all text, scripts, graphics (including stickers), interactive features and the like made available in connection with the OMG Service (collectively, the "OMG Client and Content"), except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OMG, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the OMG Client and Content for personal and non-commercial purposes only. The Service, including the OMG Client and Content, is provided to you AS IS for your information and personal non-commercial use only. OMG reserves all rights not expressly granted in and to the Service and the OMG Client and Content. You agree to not engage in the use, copying, distribution or other exploitation of any of the OMG Client and Content other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree not to use the OMG Client and Content in a manner that would infringe or violate the rights of any third party and that we are not in any way responsible for any such use by you.
5. User Status Submissions and Direct Messages
A. The OMG Service allows OMG users to submit User Status Submissions (as defined below) and Direct Messages (as defined below). These User Status Submissions and Direct Messages may be hosted, shared, and/or published as part of the OMG Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. Direct Messages will only be viewable by those OMG user(s) or group(s) you directly send such information; but User Status Submissions may be globally viewed by OMG users that have your mobile phone number on their smartphone, unless the user is blocked by you. For purposes of these Terms of Service, User Status Submission refers to status text, profile photos and other communications other than Direct Messages submitted by you, as well as the automatic submission of your "last seen" status. Direct Messages refers to text, voice, photo, video, location and contact information messages you send directly to other OMG users or groups.
Currently, we have no method of providing different levels of visibility of your User Status Submissions among users that have your mobile phone number. You acknowledge and agree that any User Status Submissions may be globally viewed by users that have your mobile phone number. For this reason, you should not submit User Status Submissions that you would not want to be seen globally. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, OMG does not guarantee any confidentiality with respect to any such submissions.
B. You shall be solely responsible for your own User Status Submissions and Direct Messages and the consequences of posting or publishing them. Because OMG is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of OMG, and OMG makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions and Direct Messages, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OMG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions and Direct Messages to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission and Direct Messages to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions and Direct Messages, but you have to have the rights in the first place. However, by submitting the User Status Submissions to OMG, you hereby grant OMG a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the OMG Service and OMG's (and its successor's) business, including without limitation for promoting and redistributing part or all of the OMG Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the OMG Service a non-exclusive license to access your User Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the OMG Service.
C. In connection with User Status Submissions and Direct Messages, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OMG all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage OMG or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. OMG does not endorse any User Status Submission, or any opinion, recommendation, or advice expressed therein, and OMG expressly disclaims any and all liability in connection with User Status Submissions. OMG does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and OMG will remove all Content, User Status Submissions if properly notified that such Content, User Status Submission infringes on another's intellectual property rights. OMG reserves the right to remove Content, User Status Submissions without prior notice. OMG may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized OMG, its employees or agents. OMG also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. OMG may remove such User Status Submissions, and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the OMG Service you will be exposed to User Status Submissions and Direct Messages from a variety of sources, and that OMG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions and Direct Messages, and that such User Status Submissions and Direct Messages are not the responsibility of OMG. You further understand and acknowledge that you may be exposed to User Status Submissions and Direct Messages that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OMG with respect thereto, and agree to indemnify and hold OMG, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
F. OMG permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions may be available under separate licensing and terms. OMG reserves the right to discontinue any aspect of the OMG Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE OMG SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OMG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. OMG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OMG SERVICE. OMG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OMG SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND OMG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT OMG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE SERVICE WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.
The Service is controlled and offered by OMG from its facilities in the United States of America. OMG makes no representations that the OMG Service is appropriate or available for use in other locations. Those who access or use the OMG Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless OMG, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the OMG Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OMG Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the OMG Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the OMG Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a" terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Algento is the developer of the Service and can be contacted at: firstname.lastname@example.org.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OMG without restriction.
You agree that: (i) the OMG Service shall be deemed solely based in California; (ii) the OMG Service shall be deemed a passive server that does not give rise to personal jurisdiction over OMG, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and OMG that arises in whole or in part from the OMG Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco City and County, California. These Terms of Service, together with the Privacy Notice at https://itsomg.com/terms#privacy. Privacy and any other legal notices published by OMG, shall constitute the entire agreement between you and OMG concerning the OMG Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OMG's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OMG reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the OMG Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND OMG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OMG SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Copyright Complaints
OMG respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify OMG of your infringement claim in accordance with the procedure set forth below.
OMG will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OMG's Copyright Agent:
(Subject line: "DMCA Takedown Request")
Attn: OMG Copyright Agent
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the OMG Service, with enough detail that we may find it on the OMG Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, OMG will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
13. Apple-Enabled Software Applications
OMG offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
OMG and you acknowledge that these Terms of Service are concluded between OMG and you only, and not with Apple, and that as between OMG and Apple, OMG, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be OMG's sole responsibility, to the extent it cannot be disclaimed under applicable law.
OMG and you acknowledge that OMG, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between OMG and Apple, OMG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to OMG as follows:
Attn: Head of Product
OMG and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
How We Collect and Use Information
OMG may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to OMG when choosing to participate in various uses of the OMG Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the OMG Service, OMG will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other OMG users ("in-network" numbers), or otherwise categorize other mobile phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the OMG Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. OMG uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the OMG Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the OMG Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the OMG Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information OMG Does Not Collect
OMG does not collect names, emails, addresses or other contact information from its users' mobile address book or contact lists other than mobile phone numbers-the OMG mobile application will associate whatever name the OMG user has assigned to the mobile telephone number in his/her mobile address book or contact list - and this occurs dynamically on the mobile device itself and not on OMG's servers and is not transmitted to OMG. This means that if you have your friend's mobile phone number associated with the name "Alice" in your mobile address book, that's the name that will appear for that mobile phone number in your OMG contact list. We do not collect location data, but users may voluntarily share their location with other users via the OMG Service.
The contents of messages that have been delivered by the OMG Service are not copied, kept or archived by OMG in the normal course of business. The OMG Service is meant to be a SMS replacement, using data service through a user's phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a OMG user), if that recipient is online. If the recipient is not online, the undelivered message is held in OMG's server until it can be delivered. If the message is undelivered for seven (7) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by OMG - the only records of the content of any delivered messages reside directly on the sender's and recipient's mobile devices (and which may be deleted at the user's option). Notwithstanding the above, OMG may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which OMG is legally compelled to collect. Files that are sent through the OMG Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way OMG Uses Information
When OMG Discloses Information
Other users of the OMG Service may see your User Status Submissions in a way that is consistent with the use of the OMG Service. For example, a status of "Driving in car" set by a specific phone number will be available to every user of the OMG Service who has that mobile phone number in their mobile phone's address book or contact list, unless you have chosen to block such user. "Last Seen" information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the OMG mobile application has been used or brought to the foreground on your mobile phone. "Last Seen" information is reported to OMG when a user brings the mobile application to the foreground.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the OMG Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the OMG Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual's physical safety may be at risk or threatened. OMG also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that OMG believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the OMG Site or our servers, and to protect the rights, property, or personal safety of OMG, our users or others.
Third-party Advertisers, Links to Other Sites
OMG is currently free for its users and is ad-free and we have no plans to ever change. If our plans do change and we introduce any advertising into the Service or our products, we will make sure to update this section and notify users in accordance with all legal obligations.
Our Commitment To Data Security
OMG uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Once we receive your transmission of information, OMG makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If OMG learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. OMG may post a notice on the OMG Site or through the OMG Service if a security breach occurs.
OMG does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
In the Event of Merger, Sale, or Bankruptcy
In the event that OMG is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice