Terms of Service

The Omniscape platform, website, applications, marketplace, map tool, and mobile applications (the “App”) are made available by Transmira, Inc., a North Carolina “C” Corporation registered at 1408 Westmoreland Drive, Raleigh, NC, 27612 through its Omniscape platform.

The Terms of Service below apply equally to the Omniscape platform, website, applications, marketplace, map tool, and mobile applications (designated together as the App).

You, the user of the website or App, confirm your acceptance of these terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy

General Terms

App and Related Terms

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Locations

“Buying” locations for virtual real-estate is a time-limited license to the location, similar to domain names, and will require a renewal fee after a term, generally one to two years.

Locations rights, privileges, revenue-share, etc. are only applicable through the Omniscape platform.

We reserve the right to reverse any purchase or allocation of locations at any time and for any reason. In these cases, we will refund the credits spent claiming the location.

Pricing of credits and locations is subject to change at any time.

Credits and locations may not be transferred or sold to any other party outside of the Omniscape platform and marketplace.

Use of the App

You must be at least 18 years of age and resident in the US to use the App.

Transmira, Inc. hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) Transmira.

In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

Intellectual Property

The Transmira and Omniscape names and logos, and other trademarks, service marks, graphics and logos used in connection with the App are trademarks of Transmira, Inc. (collectively “Transmira”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Transmira Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Transmira or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Transmira, its partners, and its licensors.

Prohibited Uses

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 Indemnification

You agree to indemnify Transmira for any breach of these App Terms. Transmira reserves the right to control the defense and settlement of any third party claim for which you indemnify Transmira under these App Terms and you will assist us in exercising such rights.

No Promises

Transmira provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Transmira does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.

To the fullest extent permitted by applicable law, Transmira hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Exclusion of Transmira’s Liability

Nothing in these App Terms shall exclude or in any way limit Transmira’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall Transmira be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.

Transmira shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Transmira’s liability arising under or in connection with these App Terms and your use of the App exceed $50.

General

These App Terms will be governed and interpreted pursuant to the laws of the State of North Carolina, inside the United States of America, notwithstanding any principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Raleigh, North Carolina, USA in all disputes arising out of, relating to, or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Contact Us

If you have any questions regarding this website, or any of our Apps, you can email us contact@omniscape.com

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