Terms of Service
Thank you for using our products and Services ("Services"). The Services are provided by Onmego Incorporated This is a legal agreement between you and Onmego Incorporated, applicable to your use of the Onmego, DailySteak Services.
We know these agreements can be a challenge to read, but we strongly suggest that you read these terms carefully.
Let's start by providing a few definitions that should be helpful in understanding this agreement. Throughout this document, when we say:
- "Content", we mean any information, data, text, creative, video, audio, photographs, images, illustrations, animations, logos, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.
- "Onmego", "Daily Steak" "we", or "us", we mean Onmego Incorporated, a Delaware corporation, collectively with its agents, consultants, employees, officers, and directors;
- Services"Services" we mean the Site along with all the other domains, products, applications, services, and Content provided by Onmego Incorporated under the Onmego, DailySteak brand name;
- "Site", we mean the Onmego.com, DailySteak.com website;
- "User" or "you", we mean you, or the entity on whose behalf you registered for the Services; and
- This Agreement defines the terms and conditions under which you're allowed to use the Services. If you have any questions about this Agreement, feel free to send us an email at help@ Onmego.com, DailySteak.com, and we'll contact you shortly.
Use of the Onmego, DailySteak Services
In order to use the Services, you must:
- be at least eighteen (18) years old;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won't use the Services in a way that violates any laws or regulations. We may refuse Services, suspend or close your account, and change eligibility requirements at any time.
If you are located in a country embargoed by the United States, or are on the U.S Treasury Department's list of Specially Designated Nationals, you are not permitted to use our Services.
The "Term" begins when you sign up for the Services and continues until your account is terminated. During the Term, you are considered a "Member". Clicking the user agreement button and entering your username means that you've officially "signed" the Terms. If you sign up for the Services on behalf of an entity, you represent and warrant that you have the authority to accept this Agreement on the entity's behalf.
3. Terminating Your Account
You or Onmego, DailySteak may terminate this Agreement at any time and for any reason by giving Notice (as defined in Section 27) to the other party. We may suspend our Services to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your surveys from our Site. You are responsible for backing up any Content uploaded to our Services.
4. Changes to this Agreement
5. Account and Password
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
6. Monthly Plans
Our fees for monthly and annual plans are posted on our Site and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up for the Services and made your first payment.
7. Credit Cards
As long as you're a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly or annual fees against that credit card. You'll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all fees may be billed to that credit card and won't be rejected. If, for some reason, we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.
8. Fee Changes
We may change our fees at any time by posting a new pricing page on our Site and/or sending you a notification by email.
9. Proprietary Rights Owner
You shall respect our proprietary rights in the Site and the software used to provide the Services (proprietary rights include patents, trademarks, Services marks, and copyrights). You may only use our brand assets according to our Brand Guidelines, which are part of this Agreement.
When our Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission. Do not misuse or interfere with our Services.
10. Proprietary Rights Owned By Us
When you submit Content to our Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as changes we make so your Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
11. Copyright Protection
We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act ("DMCA").
If copyrighted Content that belongs to you was posted without your permission to our Site or sent through one of our Services, let us know. Please send notice of the alleged infringement to our designated agent at the following address:Onmego Incorporated
Attn: Copyright Agent
2995 Woodside Rd. Suite 400
Woodside, CA 94062
Your notice should provide the following information:
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is being infringed;
- identification of where the infringing material is located on our Site or Services;
- a statement that you have a good faith belief that the use isn't authorized by the copyright owner, its agent or the law; and
- a statement that the information in your notice is accurate, and you're authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury. By submitting the notice you acknowledge and agree that we may forward the information to the person who uploaded the allegedly infringing material.
If you believe that your removed or disabled Content is not infringing, or that you have the authorization or right to post and use that Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the DMCA (17 U.S.C. § 512(g)(3)). We will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled Content within fifteen (15) calendar days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled Content.
13. Compliance with Laws
You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations.
You're responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Services, then we won't be liable if our Services don't meet those requirements.
If you're located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your distribution list, sending Content via the Services, and collecting information as a result of the Services, you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you're sending any form of email through the Services.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Onmego, DailySteak to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
You understand and agree that we may cooperate with any governmental authority in connection with any investigation into a User's use of the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User's use to such governmental authority in connection with any such investigation.
15. Limitation of Liability
To the extent permitted by law, you assume full responsibility for any loss that results from your use of the Services. To the extent permitted by law, we will not be liable for any lost profits, revenues, or data, financial losses, indirect, punitive, special, exemplary or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. To the extent permitted by law, our total liability for all claims made about the Services in any month will be no more than what you paid us for the Services the month before.
16. No Warranties
We provide the material on the Site and the Services "as is" and "as available." That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of non-infringement, merchantability and fitness for a particular purpose. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under this Agreement due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any term in this Agreement.
We aren't responsible for the behavior of any advertisers, linked websites, or other users.
19. Notice to U.S. Government End Users
(This part will matter to you if you're affiliated with the U.S. government.) The Services and Site, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to this Agreement
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Onmego Incorporated 2995 Woodside Rd. Suite 400 Woodside, CA 94062.
You may not assign any of your rights under this agreement without our consent, which may be withheld in our sole discretion. We may assign our rights to any other individual or entity at our discretion.
21. Force Majeure
We won't be held liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third-party internet Services providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a particular term is not enforceable, this will not affect any other terms in this Agreement.
24. Additional Terms and Waiver
Additional terms may apply to certain features of the Services (the "Additional Terms"). The Additional Terms will be considered incorporated into this Agreement when you activate the feature. Where there's a conflict between this Agreement and the Additional Terms, the Additional Terms will control.
If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
25. No Changes in Terms at Request of Member
We can't change these Terms for any one User or group of users. This simply isn't a scalable process for us, and is not possible.
Any notice to you will be effective when we send it to the last email or physical address you provided to us. Any notice to us will be effective when delivered to us: Attn. Legal Notices, Onmego Incorporated, 2995 Woodside Rd. Suite 400 Woodside, CA 94062, or any addresses as we may later post on the Site.
27. Entire Agreement
28. Choice of Law
The laws of California, USA, excluding California's conflict of laws rules, will apply to any disputes arising out or relating to the Services or this Agreement. All claims arising out of or relating to the Services or this Agreement will be litigated exclusively in the federal or state courts of San Francisco, California, USA and you and we consent to personal jurisdiction in those courts.
Congratulations. You have reached the end!