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Terms of Service

updated 21.07.2024

Terms of Service

 

By using the omgfoodmalta.com website ("Service"), or any services of OMG Creations, you (the user of the Service, such user's successors, agents, and assigns, and everyone in privity with such user are, hereafter, “You.” Together, You and OMGFoodMalta are sometimes the “parties” agreeing to be bound by the following terms and conditions ("Terms of Service").

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Account Terms

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  1. You must be 13 years or older to use our Services.

  2. To register on our newsletter you must be a human. Accounts registered by "bots" or other automated methods are not permitted.

  3. You must provide your name, a valid email address, and any other information requested in order to complete the newsletter registration process.

  4. You may not use our Services for any illegal or unauthorised purpose. You must not, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

 
Modifications to the Service
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  1. OMGFoodMalta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. OMGFoodMalta shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

 
Copyright & Content Ownership
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  1. OMGFoodMalta does not pre-screen Content, but OMGFoodMalta and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

  2. You shall defend OMGFoodMalta against any claim, demand, suit or proceeding made or brought against OMGFoodMalta by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify OMGFoodMalta for any damages finally awarded against, and for reasonable attorney's fees incurred by, OMGFoodMalta in connection with any such claim, demand, suit or proceeding; provided, that OMGFoodMalta (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases OMGFoodMalta of all liability); and (c) provides to You all reasonable assistance, at Your expense.

  3. The look and feel of the Service is copyright © OMGFoodMalta All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from OMGFoodMalta.

 
General Conditions
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  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

  2. Support for OMGFoodMalta services is only available in English, via email.

  3. You understand that OMGFoodMalta uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OMGFoodMalta, or any other OMGFoodMalta service.

  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OMGFoodMalta.

  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OMGFoodMalta customer, employee, member, or officer will result in immediate account termination.

  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by OMGFoodMalta) of other OMGFoodMalta customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

  12. OMGFoodMalta does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. THE TERMS SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WHATSOEVER, WHETHER STATUTORY, COMMONLAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND SATISFACTORY QUALITY. YOU EXPRESSLY WAIVE ANY RIGHTS THAT IT MIGHT OTHERWISE HAVE.

  13. You expressly understand and agree that OMGFoodMalta shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OMGFoodMalta has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

  14. The failure of OMGFoodMalta to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and OMGFoodMalta and govern your use of the Service, superseding any prior agreements between you and OMGFoodMalta (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Maltese law.

  15. You agree to indemnify, defend, and hold harmless OMGFoodMalta, its officers, employees, agents, successors, and assigns, against all claims and suits by third parties for damages, injuries to persons (including death), damage to property, loses, and expenses including reasonable attorney's fees, arising out of or from Your use of Company's products and services, including all acts by Customer pursuant to this these terms of service.

  16. If any provision herein, or the application of such provision to any person or circumstance, shall be held invalid by a court or arbitrator, the remainder of the terms herein, or the application of such provision(s) to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The remaining terms shall be construed consistently with the terms and stated objectives herein to best give effect to the parties' intent.

  17. The parties agree that any dispute between them relating in any way to the terms herein shall be subject to mandatory and binding arbitration. Such arbitration shall be conducted by an arbitrator mutually agreeable to the parties and pursuant to the procedural rules of the Malta Arbitration Center (the "MAC"), though the arbitration need not necessarily be conducted through the MAC. In the event the parties cannot agree to a single arbitrator, each party shall select an arbitrator and the two arbitrators shall select a third, and the subject arbitration shall be conducted by the three arbitrators. All costs for such arbitration shall be shared equally among the parties (with the exception of attorney's fees, which shall be bourne by the party incurring such costs), and the prevailing party shall be entitled to an award of costs and fees against the non-prevailing party. In the event this clause is held invalid or unenforceable, the parties agree that the sole and exclusive jurisdiction for any lawsuits related to this agreement shall be in the Malta Courts of Justice.

  18. THE PARTIES HERETO AGREE THAT ANY CLAIMS BY OR AMONG THEM SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND EACH OF THE PARTIES EXPRESSLY WAIVES THEIR RIGHT, IF ANY, TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION CONCERNING ANY CLAIMS BY OR AMONG THEM.

  19. The relationship between the parties is also governed, as applicable, by either a OMGFoodMalta Premium Cloud License, OMGFoodMalta Premium Web License or OMGFoodMalta Free License (the “Applicable License”). The terms of the Applicable License are incorporated into these Terms of Service by reference as if fully restated herein. These Terms of Service and the Applicable License shall be read and interpreted together.

  20. Questions about the Terms of Service should be sent to OMG Food Malta team.

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