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Users explicitly declare their acceptance of these Terms of Use when they use an OMtraining website or any other OMtraining product or service. The Terms of Use also apply to all OMtraining contracts. Users of the products and contracting parties to whom these Terms of Use apply will hereinafter be referred to as “the user.”
OMtraining values its users’ privacy and, therefore, maintains a clear privacy policy. More information can be found in OMtraining’s “Privacy Policy.”
The use of OMtraining products by a user is only permitted if the user accepts these Terms of Use and the Privacy Statement. Therefore, by using one or more OMtraining products, the user is deemed to agree with these Terms of Use (and the Privacy Statement). However, OMtraining reserves the right to prohibit the use and/or access to its products to any user without prior notice or reason, such as by blocking or deleting profiles or blocking IP addresses of computers if OMtraining deems it appropriate, at its own discretion.
Profiles are restricted to individuals only. Profiles and groups may be deleted without prior notice and will have no recourse against OMtraining as a result, including, but not limited to, those related to the loss of files or information or other direct or indirect damages.
OMtraining moderates all content on its websites and applications and ultimately decides whether to publish a submission to the extent that such content includes, is associated with, or alongside any objectionable content. Objectionable Content includes, but is not limited to:
To use OMtraining products, one must be of legal age in the applicable jurisdiction to enter into a valid and legally binding contract for such products. Persons under such age need the explicit permission of their parents or legal guardians to agree to these Terms of Use or otherwise enter into a binding agreement with OMtraining. Access to the products may be canceled without prior notice if OMtraining, at its sole discretion, considers that the above has not been met.
Although the information on all OMtraining websites and the information contained in its products, except for user-generated content, is prepared with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on OMtraining websites or the information contained in its products, whether from OMtraining or not, is entirely at the user’s own risk.
The information contained on OMtraining websites and in its products is not intended to explicitly replace medical care, medical advice, or support from professionals of other disciplines. OMtraining products and services, for example, should never be used for self-diagnosis or treatment of any person’s ailments and conditions. Users should immediately consult their physician with any questions, complaints, and/or medical symptoms before using or continuing to use any OMtraining product or service. Likewise, the user should not interrupt any medical treatment they may be undergoing due to using an OMtraining service.
By accepting these Terms of Use, the user explicitly acknowledges that OMtraining is not responsible for any defects and/or incorrect information contained in the information offered in its products or services or on any of its websites, nor for any possible damages that may result from them.
Engaging in physical exercise or following a diet plan may pose health risks, including injury and death. Users wishing to start any form of physical exercise or diet plan with OMtraining products and services should always consult their physician and/or dietitian before beginning such exercise or plan. Users experiencing pain, dizziness, shortness of breath, or any other ailment should immediately stop the physical exercise or diet plan and contact a physician for advice.
By accepting these Terms of Use, the user explicitly acknowledges that all designs, information, images, and other content within any OMtraining products or services are the property of OMtraining and are protected by the relevant intellectual property laws, including, but not limited to, copyright, trademark rights, database rights, related rights, patents, and design rights.
OMtraining grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable right to use its products as detailed in the Purchase Overview and applicable License Terms (License Agreement) for personal purposes and under these Terms of Use.
Copying, duplicating, modifying, publishing, or using the aforementioned designs, information, graphics, and other content for direct or indirect commercial purposes is expressly prohibited unless explicitly agreed in writing with OMtraining.
The user agrees not to commit any act that infringes or may reasonably infringe the rights of OMtraining detailed herein. To the extent that OMtraining agrees with a third party to include their intellectual property in any OMtraining product or service, the user will have the same rights, responsibilities, and restrictions regarding such intellectual property as they do with respect to OMtraining’s intellectual property.
If the user is a company licensed by OMtraining software and wishes to change the trade name under which it operates, such user must first contact OMtraining and pay OMtraining a one-time transition/administrative fee, which will be agreed upon with OMtraining excluding applicable taxes, subject to increase by excessively onerous requirements applicable to OMtraining in connection with facilitating the transition at its discretion. Payment hereunder is due within 14 calendar days of the invoice. Any failure regarding payment may be submitted to one or more collection agencies for processing, in addition to exercising any other legal rights provided by applicable law. If there is to be a successor anticipated for the user, the user agrees to have such successor execute and deliver an assumption agreement, which will be supplied by OMtraining, regarding the assumption of this and the applicable License Agreement, which will be a condition for any release of the user’s obligations hereunder and under the same, to the satisfaction of OMtraining.
The user grants OMtraining a perpetual, worldwide, unlimited, irrevocable, non-exclusive, and without any additional remuneration from OMtraining, including the right to sublicense, all information, including, but not limited to, text, images, photos, video and sound files, designs, and user information, uploaded, shared, or stored within OMtraining products or services or shared with OMtraining in any other way (hereinafter: “Shared Information”) to use, copy, distribute, transfer, execute, modify or use for commercial or advertising purposes, through all existing media.
OMtraining will protect its users’ privacy and act in accordance with applicable European privacy legislation and international data security standards. OMtraining will not sell or share users’ personal data with third parties for marketing and sales purposes unless prior written consent is obtained from the user or users of the data in question. More information can be found in the Privacy Statement linked above.
By accepting these Terms of Use, the user warrants that the Shared Information does not infringe any intellectual property, privacy, or other third-party rights, does not contravene any applicable law, does not contain pornographic material or is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other harmful code, and does not have any commercial purpose. The user remains fully responsible for any direct or indirect damage caused to OMtraining and third parties due to the Shared Information.
The user declares that the information provided, for example, for registration, is truthful and complete and agrees to update such information within OMtraining products in case of changes. Passwords must be stored carefully and not shared with third parties.
The user shall not grant third parties access to OMtraining products or services through their registered account. Sharing a URL with the auto-login feature is at the user’s own risk and is considered sharing account access. If the user shares their account login information or auto-login URLs with third parties, they will be fully responsible for any resulting direct or indirect damages.
The user agrees that OMtraining will save, process, and store all data provided by the user, including through the use of the products. More information can be found in the Privacy Statement linked above.
OMtraining may send various communications to users through the products, including update notifications or reminders, emails, or other communications. Users can indicate in the settings to what extent they wish to receive such communications. The user agrees that OMtraining may contact the user to make important changes or updates to the products if OMtraining deems it necessary. In principle, such communication will never contain third-party commercial messages not aligned with OMtraining’s purpose.
Users can communicate with each other within the products, for example, by commenting, sending messages, or discussing within groups. The user declares not to send spam or any other communication that is unwanted by the recipient, whether commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, defamatory, offensive, privacy-infringing, or commercial communications. Any act contrary to these conditions may, like the other conditions, result in the immediate denial of access and use of OMtraining products and services and the termination of the user license.
OMtraining is free to delete any user communication or other shared information at any time without prior or additional notice to the user if OMtraining considers it to be below standard or inappropriate.
The following usage guidelines apply to all communications and contacts through OMtraining products:
The products may contain third-party information or references, including, but not limited to, information created by users, advertisements, banners, and/or links to websites (hereinafter: “Third-Party Information”).
Third-Party Information is generally and cannot be pre-verified by OMtraining, meaning we cannot guarantee its quality and validity. OMtraining is not responsible for Third-Party Information or any possible direct or indirect damages that may result from it.
Third parties may connect to OMtraining through OMtraining’s API or access publicly available data contained in the products, including possibly the user’s personal data that has been posted on the products with the user’s permission. Additionally, third parties may access public and closed personal data through the API when a user explicitly permits it. These Terms of Use and OMtraining’s Privacy Statement do not generally apply to Third-Party Information unless otherwise described herein. These third parties may use different terms and conditions and privacy statements. OMtraining will also have the right to charge users for the fees, costs, and expenses of third parties necessary to provide the products and services to the user, including any subsequent changes thereto, if any.
After a report of illegal conduct, OMtraining will investigate the presence of illegal information in one or more products within a reasonable period and take action against it if possible. Any illegal communication must be reported directly by email to info@OMtraining.org. In any case, this report must contain the following information:
The indicated prices of the products are expressed in euros and include value-added tax unless explicitly stated otherwise. All indicated prices are conditional and can be adjusted without prior notice. The User will direct their questions regarding product fees to info@OMtraining.org.
Increases in OMtraining product fees are automatically calculated each month, considering the selected products and other determining information.
The duration of the license for the digital products offered by OMtraining is for a period defined by OMtraining and accepted by the user at the time of purchase. After the agreed time, access to the digital products will be automatically canceled, and a reminder will be sent to the user to renew their access license if desired by making a new purchase of the said digital product.
All payments for OMtraining products and services are made at the time of purchase or order. Any termination, regardless of the reason, will entitle OMtraining to demand payment of the total amount due under the applicable License Agreement as if the full license period had been completed.
OMtraining products and services will be delivered as soon as possible or within the agreed period after payment. OMtraining is not responsible for any damage if the delivery of physical products is made after the agreed period due to the delay of the shipping company.
When purchasing a product through the OMtraining.org store (physical or electronic) or through a purchase center, no refund is possible.
In addition to any other applicable terms, due to policy changes implemented by Apple or Google regarding their app stores, OMtraining cannot publish branded applications with Apple or Google for clients unless (1) the client is registered with Apple or Google as a legal business entity (e.g., corporation, LLC) rather than an individual account, and (2) the client must have access to an Apple or Google device capable of being used to create a developer account and have such account and make the necessary payments as required by the same. OMtraining is not responsible for policy changes or actions taken by Apple or Google that result directly or indirectly in additional costs, decreased revenues, or other changes that may negatively influence the user.
OMtraining explicitly reserves the right at any time to modify, discontinue, or change all or part of one or more of its products or services, for a specified period or perpetually, without prior or subsequent notice to the user, whether paid or unpaid products. This may also result in the inaccessibility or loss of part or all of the shared information, including user-shared information. OMtraining is not responsible for any direct or indirect damage resulting from the same. If such a modification of the products occurs, for whatever reason, the user will, upon request, receive a refund of the amounts already paid to OMtraining or its partners on a pro-rata basis, subject to OMtraining’s discretion. To avoid doubt, the user will not be entitled to pause the license period for any products or services; any such action will be at OMtraining’s sole discretion.
OMtraining reserves the right to modify these Terms of Use at any time. After such modification, the modified Terms of Use will be immediately offered for inspection on the OMtraining website. By using the OMtraining website and other products after changes to the Terms of Use, the user is deemed to accept the modified Terms of Use.
The products and their content are delivered by OMtraining as such, including possible defects. Neither OMtraining, nor its representatives, partners, or suppliers offer any warranty, explicit or implied, regarding the functionality of the products or services or any content thereof.
OMtraining cannot guarantee and does not guarantee that the products or services will be available at any time and place, that such availability will occur securely, that any errors will be resolved, or that the products will be free of viruses or other potentially harmful software or pieces.
The user acknowledges that the products may contain potential defects and accepts the risks of any direct or indirect damage that may occur in them. In no event will OMtraining be liable to the user or third parties for any damages resulting directly or indirectly from any defect in its products or services. In any case, OMtraining’s liability will be limited to the equivalent value of the purchased product (physical or digital). The user cannot terminate any agreement with OMtraining based on actual or perceived non-compliance with any of its terms.
By using OMtraining products or services, the user is deemed to provide an electronic signature for these Terms of Use.
These Terms of Use supersede all prior agreements or commitments regarding the matters contained herein.
One or more parts of these Terms of Use may not apply or be deemed unenforceable in the applicable legal system. In such a case, the remaining parts of these Terms of Use will remain valid between the user and OMtraining.
For users outside Spain, European law applies to these Terms of Use. Any disputes arising herefrom will be resolved exclusively by the competent court in Murcia, Spain.
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