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Terms & Conditions

TERMS AND CONDITIONS FOR USE OF THIS SITE


Thank you for visiting the omgjeans.com Website (the “Site”). The Site is owned and operated by O.M.G., Inc. and its affiliates, with offices located at 408 Broadway, New York, NY  10013 ("OMG").  These Terms of Use govern your access to and use of the Site and any other website, microsite, mobile device application, or Internet property owned, or operated by OMG, and related services (collectively with the Site, the "OMG Web Properties”). Please read these Terms of Use carefully. If you visit or shop at the Site, you accept these terms. If you do not agree to these Terms of Use, you may not access or otherwise use this Site. OMG reserves the right, in its sole discretion, to change, modify or alter these Terms of Use at anytime with or without notice. Changes will become effective immediately upon the posting thereof and will be indicated by the "Effective Date" date at the bottom of these Terms of Use.

Website Use & Access

 

You agree to use the Site for lawful purposes only and that you are responsible for your use and communications at the Site. You also agree not to transmit or post through this Site anything that infringes others’ intellectual property rights or violates local, state, national and/or international law. You agree not to use this Site in any way that may interfere with its normal operation or with any other users’ use and enjoyment of the Site.

When you use OMG Web Properties, you may not:

  • violate any law or regulation;
  • violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious or unsolicited software;
  • stalk, harass, or harm another individual;
  • impersonate or misrepresent your identity or affiliation with someone else;
  • use any means to "scrape," "crawl," or "spider" any Web pages contained in OMG Web Properties (although OMG may allow operators of public search engines to use spiders to index materials from OMG Web Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and OMG reserves the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use OMG Web Properties in a manner that sends more requests to OMG’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
  • interfere with or disrupt OMG Web Properties.

In the event you register and/or purchase a product on and/or through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities and charges that occur under your account or password. You agree to immediately notify OMG of any unauthorized use of your account or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. OMG reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Proprietary Rights

As between you and OMG, OMG owns, solely and exclusively, all rights, title and interest in and to the OMG Web Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the OMG Web Properties, and the compilation of the content, code, data and materials on the OMG Web Properties, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the OMG Web Properties does not grant to you ownership of any content, code, data or materials you may access on the OMG Web Properties. You may view the content on the OMG Web Properties on your computer or other Internet compatible device, and make single copies or prints of the content on the OMG Web Properties for your personal, internal use only. The OMG Web Properties and the services offered on or through the OMG Web Properties, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the OMG Web Properties, or any content, code, data or materials on the OMG Web Properties, is strictly prohibited unless you have received the prior written permission of OMG or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the OMG Web Properties. If you make other use of the OMG Web Properties, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. OMG will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the OMG Web Properties are registered and unregistered Trademarks of OMG  and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the OMG Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the OMG Web Properties without the prior written permission of OMG or the third party that may own the applicable Trademark(s). Your misuse of the Trademarks displayed on the OMG Web Properties is strictly prohibited. OMG will enforce its Trademarks rights to the fullest extent of the law, including the seeking of criminal prosecution.

User Information

In the course of your use of the OMG Web Properties, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in OMG’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

User Generated Content

As between you and OMG, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that you may submit, transmit, upload, post, e-mail, or otherwise make available on or through any OMG Web Properties.

When you provide OMG with User Content, you hereby grant to OMG and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable, license and permission to use, copy, display and perform your User Content in connection with OMG Web Properties. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any User Content. OMG reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, OMG Web Properties, and OMG and its products. OMG reserves the right to modify User Content in its sole and absolute discretion. OMG is not required to host, display, or distribute any User Content, and may remove any User Content from OMG Web Properties at any time and for any reason or no reason.

You represent and warrant that: (a) you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to OMG the rights in your User Content described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content; (c) you are the individual pictured or heard in your User Content; (d) you will make such permissions available to OMG upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use. You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available to OMG upon OMG's request.

You further agree that OMG is free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that you may send to OMG. You acknowledge and agree that (i) you have no expectation of compensation or confidentiality of any nature, and that OMG has no duties to you, with respect to such Feedback, and (ii) OMG has the right (but not the obligation) to use such Feedback for any purpose without notice to you and without paying any compensation to you.

OMG reserves the right, but does not have an obligation, to monitor and/or review User Content. OMG does not endorse or control the User Content transmitted or posted on the OMG Web Properties and therefore, OMG is not responsible for User Content and OMG does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of OMG.  You understand that by using the OMG Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will OMG be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the OMG Web Properties. OMG has no control over User Content once it leaves the OMG Web Properties, and it is possible that others may duplicate User Content on other sites on the Internet.

You acknowledge that OMG has the right – though not the obligation – in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms of Use, OMG has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and it reserves the right to refuse service and/or terminate access without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others.

You agree that if you include a link from any other Web site to www.omgjeans.com or to any of the OMG Web Properties, such link shall open in a new browser window. You agree not to link from any other Web site to www.omgjeans.com or to any of the OMG Web Properties in any manner such that the OMG Web Properties, or any page of the OMG Web Properties, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the OMG Web Properties from your Web site at any time upon written notice to you.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information, or other material from you through the OMG Web Properties, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with OMG’s Privacy Policy.

OMG reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in OMG's sole discretion are objectionable or in violation of these Terms of Use, OMG's policies or applicable law.

Digital Millennium Copyright Act

OMG respects the intellectual property rights of others and requests that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, which can be reached c/o 408 Broadway, New York, New York 10013.

In order for us to more effectively assist you, the notification must include ALL of the following:

(a) A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

(b) a description of the copyrighted work you claim has been infringed;

(c) information reasonably sufficient to locate the material in question on the site;

(d) your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit OMG or its counsel to contact you;

(e) 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

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

OMG is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

Orders for Products and Services

We may make certain products available to visitors and registrants of the OMG Web Properties. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to OMG. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through any of the OMG Web Properties for commercial purposes.

Limits on Purchases

OMG does not authorize the purchase of our merchandise for resale purposes. We may, in our sole discretion, limit or cancel quantities purchased per order, per person or per household. We reserve the right to limit or prohibit orders that, in our sole judgment appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.

Third Party Web Sites, Resources, and Applications

You may be able to access or use the OMG Web Properties from a third party Web site, Internet resource, or software application ("Linked Sites"). You may also be able to access and use a Linked Site from a link available on the OMG Web Properties. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on any of the OMG Web Properties does not imply OMG's endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. OMG disclaims any liability for Linked Sites. OMG does not guarantee the standards or practices of any Linked Site nor shall OMG be held responsible for the contents of such Linked Sites. For this reason, OMG does not represent or warrant that the contents of any Linked Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, OMG is not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting form such reliance.

DISCLAIMER OF WARRANTIES

THE OMG WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE OMG WEB PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE OMG WEB PROPERTIES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE OMG WEB PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OMG ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE OMG WEB PROPERTIES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE OMG WEB PROPERTIES. IF YOU ARE DISSATISFIED WITH THE OMG WEB PROPERTIES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE OMG WEB PROPERTIES.         

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE OMG WEB PROPERTIES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE OMG WEB PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE OMG WEB PROPERTIES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE OMG WEB PROPERTIES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, OMG AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE OMG WEB PROPERTIES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE OMG WEB PROPERTIES OR IN CORRESPONDENCE WITH OMG OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE OMG WEB PROPERTIES ARE PROVIDED BY OMG "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND OMG OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OMG, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE OMG WEB PROPERTIES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE OMG WEB PROPERTIES, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE OMG WEB PROPERTIES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE OMG WEB PROPERTIES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO OMG FOR YOUR USE OF THE OMG  WEB PROPERTIES OR PURCHASE OF PRODUCTS VIA THE OMG WEB PROPERTIES.

Indemnification

You agree to indemnify, defend and hold harmless OMG and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. OMG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with OMG in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

OMG reserves the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Web site and the revised Terms of Use will take effect thirty days after their publication on this site.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and OMG with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Non-Waiver

OMG’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.