Terms of Service

TABLE OF CONTENTS 

 

THESE TERMS OF USE (THIS “AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH OMG MOMENTS, A CALIFORNIA CORPORATION (“OMG MOMENTS”, “WE”, “US” OR “OUR”) GRANTS TO YOU (“USER” OR “YOU”) THE RIGHT TO ACCESS AND USE OMGMOMENTS.COM AS WELL AS ANY OTHER MEDIA FORM, MEDIA CHANNEL, MOBILE WEBSITE OR MOBILE APPLICATION RELATED, LINKED OR OTHERWISE CONNECTED THERETO (COLLECTIVELY, THE “SITE”).  BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT.  IN NO EVENT MAY YOU ACCESS OR OTHERWISE USE THE SITE WITHOUT AGREEING TO THESE TERMS.  

 THIS AGREEMENT WAS LAST UPDATED ON JULY [__], 2022.  WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, IN WHOLE OR IN PART. WE WILL ALERT YOU ABOUT ANY SUCH CHANGES, MODIFICATIONS, ADDITIONS OR REMOVALS BY UPDATING THE “LAST UPDATED ON” DATE ABOVE, AND YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE, MODIFICATION, ADDITION OR REMOVAL.  YOU ARE RESPONSIBLE FOR CHECKING THIS AGREEMENT EVERY TIME YOU ACCESS OR OTHERWISE USE THE SITE.  YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES ARE POSTED WILL CONSTITUTE YOUR AGREEMENT TO SUCH CHANGED TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY. 

THE SITE IS NOT TAILORED TO COMPLY WITH INDUSTRY-SPECIFIC REGULATIONS (HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA), ETC.). IF YOUR USE OF THE SITE WOULD BE SUBJECTED TO SUCH LAWS, YOU MAY NOT USE THE SITE. YOU MAY NOT USE THE SITE IN A MANNER THAT WOULD VIOLATE THE GRAMM-LEACH-BLILEY ACT (GLBA). 

  1. SITE 
  1. User Registration.  In order to access or use the Site, you may be required to register with the Site.  You are responsible for all activity under your account, including maintaining the confidentiality of your account logins and passwords and all actions of third parties in connection with your account.  You shall promptly notify us in the event you become aware of any authorized use of your login.  We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 
  1. Prohibited Activities.  You shall not yourself, or through any third party: (1) circumvent or attempt to circumvent any of our security measures or interfere with or attempt to interfere with the proper functioning or performance of the Site; (2) share login information with, or otherwise grant access to the Site, to any third party without the express written consent of OMG Moments; (3) install, configure, access, use, copy or replicate all or any portion of the Site; (4) modify, reverse engineer, decompile, disassemble, distribute, create derivative works based on, copy or otherwise exploit all or any portion of the Site, except as expressly permitted by applicable law; (5) sell, sublicense, rent, lease, or otherwise transfer rights to all or any portion of the Site; (6) use the Site to operate in or as a time-sharing, outsourcing or service bureau environment or in any manner which supports the business of a third party; (7) obscure, remove or alter any intellectual property rights notices or markings on the Site; (8) access or use the Site for purposes of creating or promoting a competitive product; (9) use any information obtained from the Site in order to harass, abuse or harm another person; or (10) access or use the Site to store or transmit a virus or malicious code.  We may immediately suspend your access to the Site or terminate this Agreement upon our reasonable belief that you have breached any provision of this Section 1.2. 
  1. Site Administration.  We reserve the right, but shall not be required, to: (1) monitor the Site for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, is in violation of the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Material or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our networks and systems; and (5) otherwise administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 
  1. Modifications and Downtime.  We reserve the right, but are not required, to update, modify, change or remove contents on the Site at any time or for any reason at our sole discretion, without notice. We also reserve the right to modify or suspend all or part of the Site without notice at any time. We shall have no liability to you or any third party for any modification, change in price, suspension, or discontinuance of the Site.  We cannot guarantee the Site will be available at all times, and you acknowledge that we have no liability whatsoever for any loss, damage or difficulty caused by your inability to access or use the Site during any downtime or suspension of the Site. 
  1. Third-Party Websites and Content.  The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement no longer governs. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 
  1. Feedback.  If you provide any suggestions, ideas, opinions, input or other feedback to us concerning the Site, we shall have an unconditional and unlimited right to use, reproduce, modify, and disclose such feedback without any compensation or attribution.  Notwithstanding the foregoing, we are not required to consider or implement any feedback.    
  1. USER MATERIAL 
  1. User Generated Material.  While using the Site, you may have the opportunity to chat with other users of the Site, contribute to, or participate in online forums, and other functionality, and you may be permitted to create, transmit, post, submit, perform, publish, distribute or otherwise make available content and materials on the Site, including, without limitation, text, video, audio, images, graphics, comments, suggestions, or personal information or other material (collectively, “User Material”). Your User Material may be accessible by other users of the Site through their use thereof and through third-party websites. Accordingly, any User Material you upload to the Site may be treated as nonconfidential and nonproprietary. When you create or make available any User Material, you thereby represent and warrant that: 
  1. The creation, distribution, transmission, public display, or performance, and the accessing, using, downloading, or copying of your User Material do not and will not infringe the intellectual property and proprietary rights, including, without limitation, the copyright, patent, trademark, trade secret, or moral rights of any third party. 
  1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your User Material in any manner contemplated by the Site and this Agreement. 
  1. You have the written consent, release, and/or authorization of each and every identifiable individual person in your User Material to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Material in any manner contemplated by the Site and this Agreement. 
  1. Your User Material is not false, inaccurate, incomplete or misleading. 
  1. Your User Material is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation. 
  1. Your User Material is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us). 
  1. Your User Material does not ridicule, mock, disparage, intimidate or abuse anyone. 
  1. Your User Material does not advocate the violent overthrow of any government or incite, encourage or threaten physical harm against another. 
  1. Your User Material does not violate any applicable law, regulation or rule. 
  1. Your User Material does not violate the privacy or publicity rights of any third party. 
  1. Your User Material does not contain any material that solicits personal information from anyone under the age of eighteen (18) or exploits people under the age of eighteen (18) in a sexual or violent manner. 
  1. Your User Material does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 
  1. Your User Material does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap. 
  1. Your User Material does not otherwise violate, or link to  material that violates, any provision of this Agreement or any applicable law or regulation. 

Any use of the Site in violation of the above requirements violates this Agreement and may result in, among other things, termination or suspension of your rights to access or use the Site. 

  1. User Material License; Responsibility.  By posting your User Material to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Material for any purpose (commercial, advertising or otherwise) and to prepare derivative works of, or incorporate into other works, such User Material, and grant and authorize sublicenses of the foregoing (the “User Material License”). The use and distribution may occur in any media formats and through any media channels. The User Material License will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Material, and you warrant that moral rights have not otherwise been asserted in your User Material. We do not assert any ownership over your User Material. You retain full ownership of all of your User Material and any intellectual property rights or other proprietary rights associated with your User Material. We are not liable for any statements or representations in your User Material provided by you in any area on the Site. You are solely responsible for your User Material to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Material. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Material; (2) to re-categorize any User Material to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any User Material at any time and for any reason, without notice. We have no responsibility to monitor your User Material. 
  1. INTELLECTUAL PROPERTY  
  1. Ownership; Reservation of Rights.  All intellectual property rights in and to the Site, including, without limitation, all source code, files, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), remain the sole property of OMG Moments and its licensors.  All Content and Marks contained on the Site are provided “AS IS” solely for your informational and personal use. Except as otherwise provided herein, no part of the Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise used for any commercial purpose, without our express prior written authorization. Provided that you are authorized to use the Site under this Agreement, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 
  1. Copyright Infringements.  If you are a copyright owner who would like to send us a notice pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Site that is infringing that you would like removed from our Site, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following these instructions: 
  1. DMCA Notice.  We ask our users to respect the intellectual property rights of others.  It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below.  In our sole discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.  In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.   
  1. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:  

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;  

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;  

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);  

(iv) your full name, address, telephone number, and email address;  

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;  

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and  

(vii) your electronic or physical signature.  

We will only respond to DMCA Notices that it receives by mail or email at the addresses below: 

By E-mail: help@omgmoments.com  

It is often difficult to determine if your copyright has been infringed.  We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.  

  1. USER REPRESENTATIONS AND WARRANTIES 

By accessing or using our Site, you represent, warrant and covenant to us that: (1) all information you submit through the Site during registration will be true, complete, accurate and current; (2) you will maintain the accuracy and completeness of such information and promptly update such registration information as necessary; (3) you have the legal power and authority to enter into this Agreement; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access or use the Site through automated means; (6) you will not use the Site for any illegal or unauthorized purpose; (7) the information or material you upload to the Site will not infringe, violate or misappropriate any intellectual property, publicity, privacy, or any other right of any person or entity; and (8) your use of the Site will not violate any applicable law, rule, regulation or requirement. 

  1. PRIVACY  
  1. Privacy Policy. We care about data privacy and security. By using the Site, you acknowledge, agree and consent to our data practices as described in our Privacy Policy.  If you do not want your information processed in accordance with our Privacy Policy in general, or any part of it, you should not access or otherwise use our Site. 
  1. Applicable Privacy Laws. The Site is hosted in the United States and is intended to be used solely in the United States. If you access the Site from other jurisdictions with laws, regulations, rules or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.  
  1. Children’s Online Privacy Protection Act. We do not knowingly solicit, accept, request or collect personally identifiable information (name, address, email, account number, telephone, social security number) from children under the age of thirteen (13) without parental or guardian consent.  In accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), should we receive actual knowledge that anyone under the age of thirteen (13) has provided personally identifiable information to us without the requisite and verifiable parental consent, we will remove that information from the Site as promptly as is reasonably practical. 
  1. User Data. We will maintain certain data that you transmit to the Site for the purpose of managing the performance and overall functionality of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 
  1. TERM AND TERMINATION 
  1. This Agreement shall remain in full force and effect while you access or use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCESS OR USE OF THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  
  1. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress. 
  1. INDEMNIFICATION 
  1. You shall defend, indemnify and hold harmless us, including our subsidiaries and affiliates, and all of our and their respective officers, employees, agents and representatives from and against any damages, attorneys’ fees, courts costs, finally awarded judgments or settlements arising from any claims, demands, suits or proceedings made or brought by a third party against you, in each case to the extent arising from your: (1) User Material; (2) use of the Site; (3) breach of this Agreement, including, without limitation, any breach of your representations, warranties and covenants set forth herein; (4) violation of a third party’s rights, including, without limitation, intellectual property rights and privacy rights; or (5) any harmful act toward any other user of the Site with whom you connected via the Site.  
  1. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 
  1. DISCLAIMER 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT THE SITE AND CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY THAT THE SITE WILL OPERATE IN COMBINATION WITH YOUR HARDWARE, OTHER SOFTWARE, THIRD PARTY SERVICES OR USER CONTENT POSTED ON THE SITE. We make reasonable efforts to ensure the Site is free of viruses or other harmful components but cannot guarantee that the Site will be free from unknown viruses or harmful components. We cannot guarantee that the Site will not incur delays, interruptions, or other errors that are outside of our reasonable control and are inherent with the use of the internet and electronic communications. 

  1. LIMITATION OF LIABILITY 
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY WITH RESPECT TO ANY INCIDENT ARISING OUT OF OR RELATED TO THE SITE OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU IN THE THREE (3) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.  
  1. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE, OR THIS AGREEMENT, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  1. CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

  1. MISCELLANEOUS 
  1. Relationship of the Parties. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement. 
  1. Assignment. We may assign any or all of our rights and obligations to others at any time. You may not assign any rights or obligations under this Agreement, in whole or in part, without our prior written consent. Any attempt to assign your rights or obligations under this Agreement in breach of this Section 11.2 shall be void and of no effect.   
  1. Headings and Severability.  Headings used in this Agreement are provided for convenience only and will not in any way affect the meaning or interpretation of this Agreement or any portion thereof.  Any term or provision of this Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.  
  1. Waiver and Cumulative Remedies.  No waiver by us of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by law or otherwise afforded, will be cumulative and not alternative. You agree that this Agreement will not be construed against us by virtue of having drafted them. 
  1. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in the State of California shall have exclusive jurisdiction to adjudicate any dispute arising of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.  EACH PARTY ALSO WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. 
  1. Force Majeure.  We shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages, as a result of any delay or failure in performance resulting from any occurrences which are beyond our reasonable control. 
  1. Entire Agreement.  This Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement between the parties regarding your access and/or use of the Site. This Agreement is binding upon and inures to the benefit of, the parties and their respective permitted successors and assigns. 
  1. Electronic Communications, Transactions, and Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 
  1. Contacting Us.  If you have any questions or concerns regarding the Site, please write to us at help@omgmoments.com.  All notices, authorizations, and requests to OMG Moments shall be deemed given on receipt.