TERMS OF SERVICE

Last updated 25/01/2021

 

Please, read these Terms & Conditions (“Terms”) carefully prior to accessing or using the website, located at https://ohmygirls.agency (“OMGP Web”) and chat-bot, located at the link (“OMGP Bot”). OMGP Web and OMGP Bot are together referred to as “OMGP”. These Terms contain important information about your legal rights and obligations.

Note, by accessing or using OMGP, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by and to comply with these Terms in full. If you do not agree with these Terms, please, do not continue to use OMGP.

OMGP is operated and owned by ETERA DIGITAL LTD (registration number ΗΕ 384178), registered at Republic of Cyprus, office 28, Sofouli street, Chanteclair building, 3rd floor, office 307 Nicosia, 1096 (which we may refer to as “Etera”, “we,” “us,” or “our”).

Our collection and use of personal data in connection with your access to and use of OMGP is described in our Privacy Notice.

Except as otherwise provided, these Terms are subject to change at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of OMGP after any changes have been implemented constitutes acceptance by you of such change(s.)

Table of contents

Entire agreement

Admissibility

OMGP Service

Accounts

Account information

Types of OMGP Accounts

Payment methods

Refund Policy

User Content

User Code of Conduct

How to report a User?

Intellectual property rights

Links to Third-Party Services

Warranties and disclaimers

Limitation of liability

Indemnification

Applicable law and jurisdiction

Electronic communications

Term and termination

Miscellaneous

Questions and contact information

Entire agreement

These Terms and any policies, including our Privacy Notice, Community rules other policies and operating rules, posted on or through OMGP Web or OMGP Bot constitute the entire legally binding agreement and understanding between you, whether personally or on behalf of an entity ("you" or “User”) and Etera, governing your access to and use of OMGP (“Agreement”). Our Privacy Notice and other policies applicable to your use of OMGP are incorporated by reference into this Agreement.

This Agreement supersedes 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 shall be admissible in judicial or administrative proceedings based on or relating to use of the OMGP to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Admissibility

You are only eligible to use OMGP, if you are at least 18 years old.

When you use OMGP you hereby declare and warrant that:

(1) according to your local jurisdiction you are eligible to enter into the Agreement;

(2) according to your local jurisdiction you have no restriction to use OMGP;

(3) you have not been convicted of or currently charged with any offence (or are subject to any court order, police investigation, formal caution or similar) specifically relating to fraud, assault, violence, sexual misconduct or harassment;

(3) you comply with these Terms and with all applicable laws and regulations;

(4) all registration information you submit will be true, accurate, current, and complete;

(5) you will maintain the accuracy of such information and promptly update such registration information as necessary.

You may use OMGP only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions.

OMGP Service

OMGP is an international dating service, available on the website and in the form of a chat-bot, that enables registered users to discover new people, to search for a match, to communicate and to arrange meetings. Please, note, that the functionality of OMGP Web differs from the one of OMGP Bot, herewith, you can use both, but completely separately.

Accounts

Creation of OMGP Account

You may sign up for a personalized account ("OMGP Account") to get access to the features offered by OMGP. You can register OMGP Account both through:

- OMGP Web by signing up and creating a password; or

- OMGP Bot using a referral link.

These are two separate accounts different in their functionality and features. If you register an OMGP Account through OMGP Web, you will not automatically have an OMGP Account in OMGP Bot.

You may not register more than one (1) OMGP Account either in OMGP Web or in OMGP Bot, unless we authorize you to do so. You may not authorize others to use your OMGP Account and assign or otherwise transfer your OMGP Account to another party.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for OMGP, and you are solely responsible for all activities that occur under those credentials. If you know or have any reason to suspect that someone has gained access to your account, or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify us to the following e-mail: [email protected].

Account information

In order to register an OMGP Account you need to provide certain personal data. To learn more about the ways how we treat personal data read our Privacy Notice.

By registering the OMGP Account you are requesting and authorizing Etera to make your Account information available to other Users of OMGP Web and OMGP Bot. You must provide accurate, current and complete information during the registration process and keep your OMGP Account and public profile page information up-to-date at all times.

You are prohibited to:

User verification

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

Etera does not endorse any User. Any references to a User being "verified", “moderated” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Etera about any User, including the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to communicate and interact with other Users, whether online or in person.

Termination of OMGP Account

You understand and acknowledge that you may temporarily suspend or cancel and we may terminate or mute your OMGP Account at any time without explanation. In case of termination all your account information from OMGP, including messages, will be marked as deleted and may be deleted from Etera's databases and will be removed from any public area of OMGP. Information may continue to be available for some period of time because of delays in propagating such deletion through Etera’s web servers. In addition, third parties may retain saved copies of your information. Etera reserves the right to delete your account and all of your information after a significant duration of inactivity.

We have the right to suspend (mute) or terminate your account and refuse any and all current or future use of OMGP (or any portion thereof), if, without limitation:

Upon termination of your OMGP Account, you will not be entitled to, nor shall Etera be liable to you, for any refund of unused balance of funds or paid fees for using OMGP.

You are also entitled to temporarily suspend your OMGP Account. In such a case your account information will not be removed until you terminate your OMGP Account.

Types of OMGP Accounts

Woman Account

Women are subject to verification procedure, consisting of the following steps:

  1. Verification of your age, account information, its accuracy and relevance;

  2. We will ask you to provide us with photo and video showing yourself and your passport or ID;

  3. We may ask you to meet personally for a personal interview.

The verification procedure may take up to 3 days.

We reserve the right to refuse any application to become registered with OMGP. You will not become registered until you are verified, and we may retract any such registration at any stage at our sole discretion.

Your assignment to Etera

By registering your OMGP Account you order Etera to publish your data and Content to other OMGP users, excluding your contact details. Your contact details are the subject of your dealings with other OMGP users that our Service provides. You independently determine the amount of the transaction and order OMGP to complete the transaction on your behalf at the value that Etera determines independently, but not higher than the one you specified. Etera undertakes to transfer to your account a part of the amount received, determined automatically using the OMGP functionality.

Etera is not responsible for your transactions and communication with other users, so be careful when choosing and concluding transactions.

You are acknowledged that the amount that Etera will pay you for the transaction is different from the one you specified. Your approval of the application signifies your agreement with the OMGP determined amount to be disbursed to your account for such a transaction.

Referral program

The OMGP functionality allows you to invite friends interested in the OMGP Service for a reward that is 30% of the value received by the user you invited who registered a Women Account for the first transaction made through OMGP.

Man Account

Upon registering a Man Account free functionality becomes available. To use the advanced OMGP functionality, you need to purchase a Premium Account subscription, which includes search by multiple criteria such as location, age, interests and other, gaining access to the catalog and purchasing contact details of other OMGP users, purchasing media content.

We will notify you 3 days and 1 day before the end of the purchased subscription period. Please note that the subscription period does not automatically renew.

To pay for the services provided to you by Etera using the OMGP service, as well as to buy media content, you can top up your balance using your Account or pay using the proposed methods.

Payment is made to Etera’s bank account in US dollars or euros, depending on the currency you choose. Please note that if the currency in which you pay for services is different from the currency in which prices are quoted, your bank will apply the exchange rate in effect on the date of purchase, which is beyond our control. Your bank or payment services may charge additional fees for which Etera is not responsible.

Payments made by you are final and non-refundable, except as provided in our Refund Policy, unless otherwise specified by Etera.

Referral program

If you engage a new OMGP user through your personal referral link, 50% of each payment of such a user (purchase of a Premium Account, contact details, media content, etc.) will be credited to your balance during the entire period of your use of OMGP.

Manager Account

If you are a Manager, who have entered into a separate written agreement with Etera you can create a Manager Account to add profiles of other persons pursuant to these Terms and the mentioned agreement that supersedes some or all of the provisions of these Terms.

Managers understand and hereby acknowledge, that:

Payment methods

For your convenience, settlements through the OMGP service are performed using a third-party payment service, namely https://pay.api-pay.net. You understand that by using https://pay.api-pay.net you agree to comply with the Terms of Service, Privacy Policy and other policies of https://pay.api-pay.net/. In no case is Etera responsible for any personal data processed by https://pay.api-pay.net.

You can also make payments using Revolut, PayPal, Any.Money (BTC, ETH, USDT etc) and direct BTC, USDT transfers. In this case, please submit at @omgsupport the following information about your payment: payment date, payment amount and a confirmation screenshot. The payment will be processed and the funds will be credited within 1 business day.

Refund Policy

Etera shall have the right to make a decision, in its sole discretion, with respect to the issuance of refund back to any user. In order to request a return, please, contact us at: [email protected].

User Content

What is User Content?

Etera may, at its sole discretion, enable Users to (i) create, upload, post, send, receive, store, display, transmit, publish and distribute content, such as texts, images, video clips, comments, suggestions, personal information or other materials and information on or through OMGP ("User Content"); and (ii) access and view User Content and any content that Etera itself makes available through OMGP. As such, any User Content you transmit (“Your User Content”) may be treated as non-confidential and non-proprietary.

OMGP may include features that allow you to contribute such User Content, as messages in chats with other Users, reviews and comments. When using OMGP, contributing the User Content and interacting with other Users you agree to act in accordance with these Terms.

We do not assert any ownership over your User Content. You retain full ownership of all User Content, made available through OMGP by you, and any intellectual property rights or other proprietary rights associated with your User Content.

You may not copy or otherwise use any User Content of other Users except insofar as strictly necessary for your own personal, private and non-commercial use of OMGP within the scope of these Terms.

Your license to us

By creating, uploading, posting, submitting, sending, receiving, storing, or otherwise making available Your User Content through OMGP, you automatically grant, and you represent and warrant that you have the right to grant, to us a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, worldwide license to access, use, copy, reproduce, disclose, publish, broadcast, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for the purpose of rendering OMGP Service and for any purpose that may arise out of these Terms.

Your representations and warranties

When you create or make available any User Content, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of OMGP to use your User Content in any manner contemplated by OMGP and these Terms.

  3. You are solely responsible for all the personal data that may appear in any User Content (such as an address, pictures of any people, their telephone numbers, etc.)

You further represent and warrant that User Content, made available through OMGP by you:

Etera may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for any User Content you download through OMGP. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content.

Etera may, without prior notice, remove or disable access to any User Content that Etera finds to be in violation of these Terms or Etera’s then-current policies or standards, or otherwise may be harmful or objectionable to Etera, its Users, third parties, or property.

User Code of Conduct

While interacting with other Users you are prohibited:

or limit the functionality of OMGP.

By using OMGP, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Although Etera has no obligation to monitor any User conduct and/or User Content, Etera reserves the right, and has absolute discretion, to monitor any User conduct in OMGP at any time and for any reason without notice.

Etera is not involved in the actual contact between Users. As a result, Etera has no control over the conduct of Users or the truth or accuracy of any User Content. You agree that we are not responsible for other Users’ content or information. We cannot always prevent this misuse of OMGP, and you agree that we are not responsible for any such misuse.

To the extent allowed by applicable law, we are not responsible for your interactions with other Users of OMGP or any damage or harm you may experience because of these interactions. In the event that you have a dispute with other Users, you release Etera and its officers, directors, members, employees, agents and affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

OMGP is for the personal use and may not be used in connection with any commercial endeavors. OMGP is created for non-sexual purposes and can not be used for the provision, proposal or advertisement of sexual or erotic services by any User.

How to report a User?

You can notify us of violations by OMGP users at [email protected], if you have:

Any such reports will be treated in confidence and investigated by our customer support team. If it is deemed necessary we may (at our sole discretion) elect to warn the other User or to suspend or delete his or her profile.

We always try to delete any offensive or inappropriate material as soon as we are aware of it. If you spot anything we have missed, please tell us.

Intellectual property rights

OMGP is owned and controlled by Etera, and unless otherwise agreed in writing, all materials on OMGP, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, designs, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by Etera or included in OMGP Content with the permission of the relevant owner and are protected by copyright and other intellectual property rights.

Subject to your compliance with the Terms, Etera grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to

(i) use OMGP on your personal device(s) in the manner provided for in the Terms; and

(ii) access and view any User Content made available in or through OMGP and accessible to you, solely for your information and use of services.

You may not seek to use OMGP for any commercial purposes.

Certain trademarks, trade names, service marks and logos used or displayed through OMGP are registered and unregistered trademarks, trade names and service marks of Etera and/or of relevant holder(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Etera, respective User or the applicable trademark holder(s). Nothing contained on OMGP grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on OMGP.

Your use or misuse of the trademarks displayed on OMGP or of any other content on OMGP, except as provided for in the Terms, is strictly prohibited. You are also advised that Etera will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offenses.

Links to Third-Party Services

Some features of OMGP may be made available or accessed in connection with third-party sites and services that Etera does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party sites and services.

We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other site or any products or services that may be offered through those or any other site. Inclusion of links to other site should not be viewed as an endorsement of the content of the linked site. Users use such third-party content contained therein at their own risk. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked third-party site or service.

On no account is Etera responsible or liable for any personal data processed by such third parties.

Warranties and disclaimers

Your use of OMGP is at your risk. The information, materials and features provided through OMGP are provided “as is” and “as available”. To the fullest extent permitted by law, Etera disclaims all warranties, express or implied, regarding OMGP and content you may obtain or access through OMGP, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property or those arising out of a course of dealing or usage of trade.

Etera is not responsible, if the information in OMGP is inaccurate or incomplete, as well as for typographical errors or omissions relating to pricing, text or photography. We are not making any promises of any kind, including about OMGP’s accuracy, adequacy, usefulness, reliability or otherwise. You agree that it is your responsibility to monitor any changes to the material and the information contained in OMGP. Etera is not responsible for any incorrect or inaccurate Content posted through or in connection with OMGP, whether caused by other Users or by any of the equipment or programming associated with or utilized in OMGP.

Etera is not responsible for the use by other Users and third parties of any personal information that you disclose on OMGP. Please carefully select the type of information that you post on OMGP or release to others.

Etera is not responsible for the conduct, whether online or offline, of any User of OMGP. Although each User must comply with these Terms, Etera cannot guarantee that each User is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of OMGP by persons under the age of 18 in violation of these Terms.

Etera does not guarantee that OMGP will be uninterrupted or error-free, that any defects will be corrected, or that OMGP is free of viruses or anything else harmful.

Limitation of liability

In no event shall Etera, its directors, members, employees or agents be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use or inability to use OMGP, including, without limitation, any damages caused by or resulting from reliance by User on any information obtained from Etera, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, even if Etera has been advised of the possibility of such damages. Etera shall not be liable for any damages, liability or losses arising out of: (i) your use of, reliance on or inability to use, or the results of use of any website linked to Etera, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), product liability or any other legal theory; or (ii) any transaction or relationship between you and other Users or any Third-Party services provider, whether or not Etera has been advised of the possibility of such damages.

You assume total responsibility for your use of OMGP. Your only remedy against Etera in connection with any damages arising from your use of OMGP or any content is to stop using OMGP. If Etera is found to be liable to you for any damage or loss which is in any way connected with your use of OMGP or any content, Etera’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Etera during the term of your use of OMGP.

The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Indemnification

You agree to defend, indemnify and hold harmless Etera, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of materials or features available in OMGP or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Etera reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

Applicable law and jurisdiction

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its rules on conflicts of laws.

OMGP has been designed to comply with the laws of the Republic of Cyprus. We recognize that it is possible for you to obtain access to OMGP from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material in OMGP, or your use of OMGP, is contrary to the laws of the place where you are when you access it, OMGP is not intended for you, and we ask you not to use OMGP. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree, that any dispute, conflict, claim or controversy directly or indirectly arising out of or broadly in connection with or relating to OMGP or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability (any “Dispute”) shall be resolved by means of amicable negotiations directly with Etera team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the Dispute shall be settled exclusively in the national courts of the Republic of Cyprus, subject to jurisdiction rules, with applicable substantive law of the Republic of Cyprus. Please also note should you chargeback any transactions billed to your OMGP Account, Etera may be required to disclose any and/or all private communications sent/received by you through OMGP in order to prove the validity of the charges billed to your OMGP Account and Etera’s Privacy Policy will therefore not restrain any such disclosures.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic communications

By using OMGP, you understand and agree that we may send you communications in the following ways: (1) within OMGP, or (2) to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

We will give you the opportunity to unsubscribe from receiving emails from us by following the instructions provided in such message(s).

Term and termination

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue OMGP, content, feature or service offered through OMGP, with or without notice; and/or offer or cancel opportunities to some or all users of the OMGP. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to OMGP.

We may restrict your use of all or any part of OMGP at any time and for any reason, without any liability to Etera, subject to applicable law.

These Terms remain in effect even after you have stopped using OMGP.

Miscellaneous

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms.

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

Questions and contact information

If you have any questions or comments about these Terms & Conditions or OMGP, please contact us by:

Emailing us at: [email protected].

Writing to the following address: Republic of Cyprus, office 28, Sofouli street, Chanteclair building, 3rd floor, office 307 Nicosia, 1096.