End User Agreement

End-User License Agreement for OMGTV!!!TM


This End ­User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and OMG TV, LLC for the software and hardware product called OMGTV!!!TM, which includes computer hardware, software, cabling, and may include associated media, printed materials, and “online” or electronic documentation (“PRODUCT”).

By installing or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the PRODUCT.

LIMITED WARRANTY

NO WARRANTY. THE PRODUCT IS PROVIDED “AS­IS,” WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE PRODUCT IS AT YOUR OWN RISK.  OMG TV, LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.

DISCLAIMER OF LIABILITY

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OMG TV, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF OMG TV, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OMG TV, LLC BE LIABLE FOR ANY DAMAGES
THAT RESULT FROM USE OR INABILITY TO USE THE PRODUCT.

Some jurisdictions do not allow the limitation of incidental or consequential damages, in all cases OMG TV LLC total liability to you for all damages will not exceed $1.00 US.
 

Forty Five (45) Day Limited PRODUCT Warranty and Disclaimer

Subject to the additional terms and conditions set forth below, OMG TV, LLC provides this Limited Warranty only to the person or entity that subscribes to the PRODUCT. 

Limited Product Hardware Warranty

OMG TV, LLC warrants the Product against defects in materials and workmanship under normal use for a period of forty five (45) days from the date of purchase (the “Warranty Period”). If OMG TV, LLC determines that a Product is defective, OMG TV, LLC will replace the unit with either a new or rebuilt Product, at its option.

Scope of and Limitation on Product Warranty


The warranty on the Product is limited to the repair or replacement of defective units as described in the Limited Warranty section above. This warranty does not cover customer training or education, installation, set up adjustments, or signal reception problems. This warranty also does not cover any issue related to the service provided by Your internet service provider or Content Providers, including but not limited to service disruption, changes in service terms, changes in offerings, changes in format, or technical problems. This warranty does not cover damage due to acts of God, accident, misuse, abuse, negligence, commercial use or modification of, or to any part of, Your Product.  This warranty does not cover damage due to improper operation or maintenance, connection to improper voltage supply or attempted repair.

THE OBLIGATION TO REPAIR OR REPLACE DEFECTIVE HARDWARE AS SET FORTH IN “LIMITED PLAYER HARDWARE WARRANTY” ABOVE IS OMG TV’s LLC SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF ANY BREACH OF THE LIMITED WARRANTY.

No Warranty for the Software, or a Mobile App; No Other Warranty for the Product

EXCEPT AS EXPRESSLY PROVIDED IN “LIMITED PLAYER HARWARE WARRANTY”, ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, THE MOBILE APPS AND ANY SERVICES PERFORMED OR PROVIDED BY THE FOREGOING ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OMG TV, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, THE MOBILE APPS AND ANY SERVICES PERFORMED OR PROVIDED BY THE FOREGOING , EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY, OF QUIET ENJOYMENT, OF QUIET POSSESSION, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OR REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.

OMG TV, LLC DOES NOT WARRANT (1) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THE MOBILE APPS, THE SOFTWARE, THE SEPARATELY LICENSED CODE, (2) THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR (4) THAT DEFECTS WILL BE CORRECTED.

EXCEPT AS EXPRESSLY PROVIDED IN “LIMITED HARDWARE WARRANTY” ABOVE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMG TV, LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.


OMG TV, LLC Reserves the Right to Change Policies and Web Pages


The policies and other content of the OMG TV web pages referred to in this Agreement may be changed by OMG TV, LLC from time to time in its sole discretion.

Fees

Where OMG TV, LLC, manages the processing of Your payments for use of the PRODUCT, the following terms apply:

Initial Purchase Fee. There is a one-time fee to purchase the PRODUCT and includes a subscription free to use the PRODUCT for a year. 

Subscription Fees. Monthly subscription fees are charged to use the PRODUCT.  These begin a year after purchasing the PRODUCT.  All Subscription Fees will be charged for the full term of the applicable subscription period, i.e., for the month or year, as applicable, at the time You order the subscription.

Subscription Renewals and Cancellations. All subscriptions will automatically renew until cancelled by You.  Details for how to cancel a subscription are available in the FAQ section of the OMG TV Web site.  If a subscription is cancelled mid-way through a subscription period, the subscription will end at the end of the subscription period. You will continue to receive the Content until the end of the subscription period and fees for the remainder of the subscription period will not be refunded.


Privacy

Our privacy policy, available at http://www.omg-tv.com/privacy-page, explains our policies regarding the collection, use, and disclosure of Your personally identifiable and anonymous information. You should review our privacy policy before purchasing an OMGTV!!!TM. 

Advertising and Promotional Messages

OMG TV, LLC reserves the right to deliver and display advertising and promotional messages to You via the PRODUCT and to include such advertising and promotional messages in or with any user interface, notices or Content that are displayed via the PRODUCT.

PURCHASES & Acknowledgement of Responsibility

If you wish to purchase any products or services from OMG TV, LLC, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”).BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.   

By supplying your Personal Financial Information, you authorize the use and disclosure of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing. You also understand and acknowledge that OMG TV, LLC may use a third-party payment processor to process credit card payments on our behalf, and when you supply Personal Financial Information in connection with a purchase, you agree that OMG TV, LLC Roku is not responsible for the security of such information when it is in the control of the third-party payment processor.

By placing an order for the product, you represent that the products and/or services ordered will be used only in a lawful manner.

OMG TV, LLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

You agree to pay all charges that may be incurred by you or on your behalf, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. 

SEVERABILITY

If any provision of these Terms of Use is held unenforceable or invalid under any  applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER


Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

 

Miscellaneous

This Agreement is the final, complete and exclusive agreement between You and OMG TV, LLC relating to a PRODUCT, and Mobile App (as applicable), and supersedes all prior or contemporaneous proposals, advertisements, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modification of the Agreement will be valid unless signed by both OMG TV, LLC and You. Your right to use the PRODUCT and Mobile App (as applicable) will immediately terminate upon Your breach of any applicable provision of this Agreement. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. This Agreement shall be governed by the laws of the State of New Jersey, as if entered into by residents of New Jersey, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.  You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. Neither party shall be bound by any statement or representation not contained in this agreement. No change in this agreement is effective unless written and signed by authorized representatives of each party.

You understand that by using any of the PRODUCT, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search
may automatically and unintentionally generate links or references to objectionable material.  Nevertheless, You agree to use the PRODUCT at Your sole risk and that OMG TV, LLC shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. 

The PRODUCT may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that OMG TV, LLC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.

Should you have any questions concerning this EULA, or if you desire to contact OMG TV LLC for any reason, write: OMG TV LLC / PO Box 1338 / Montclair NJ, 07042.

Copyright © 2015 OMG TV, LLC.  All rights reserved.  OMGTV!!! Is a registered trademark of OMG TV, LLC.