Omvana Online Terms of Use

Legal Notice

These general terms and conditions govern the use of and access to the website of Omvana Online, and the services made available to users at http://play.omvana.com (“this website” or the “Site”).

General use of the website

To use Omvana Online, users sign up for a subscription on Omvana Online website. For a monthly or a yearly payment, users receive access to the audios hosted on the Omvana Online web platform.
The Omvana Online service, and any content viewed through our service, are for your personal and non-commercial use only. During your Omvana Online membership, we grant you a limited, non-exclusive license to access the Omvana Online service and listen to the audios through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We continually update the Omvana Online service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of audios, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
Use of this website and corresponding services by any user (“you” or User”) entails full acceptance of these terms and any specific conditions published on the website. Accordingly, users are recommended to read carefully these terms and conditions and any instructions shown on the website each time they access the site.
We reserve the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms and conditions. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. These terms may be saved and printed by the user using the “Print” function of the browser.

Contact

Any questions regarding Omvana Online, the Site, our services or these terms should be addressed to support@omvana.com.

Intellectual Property Rights

The materials on Omvana Online are protected by copyright laws.
Authorship and the right to use these works in any manner, including reproduction, modification, distribution or public communication, are protected by law.

User Account

Registration

To use Omvana Online, you subscribe and create an account by completing the corresponding form with your details and agreeing to these Terms. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorized use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive license to use the Omvana Online services in accordance with these Terms. The privacy policy applicable to personal data collected and processed by Omvana Online is set out below.

Membership

To use Omvana Online, User subscribes with one of the following membership plans:

1. Monthly Membership plan $9.99
2. One Year Membership plan $89.00
3. Two Year Membership plan $149.00

Ongoing Membership

Your Omvana Online membership to library of audios + 10 new tracks every month will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Omvana Online service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Premium Bundle

User may purchase a bundle of Premium tracks, which are offered for an additional cost and are not included in the monthly subscription fee.

Differing Memberships

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Billing

Recurring Billing

By starting your Omvana Online membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Omvana Online service to your Payment Method.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle

The membership fee for our service will be billed at the beginning of the paying portion of your membership.

For the Monthly Membership plan the membership fee will be billed each month unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment.

The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment.
We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

Refunds

Refunds

Payments are nonrefundable for the Monthly Membership plan and there are no refunds for partially used periods. Following any cancellation, however, you will continue to have access to the monthly subscription through the end of your current billing period.

Omvana Online customers are provided with full, unconditional refunds up to 90 days from the day of purchase for the One Year Membership and Two Year Membership plans.

Payment Methods

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

If the monthly subscription payment is not successfully settled, due to expiration, insufficient funds, or otherwise, your access to the monthly subscription will be revoked. You retain access to any purchased Premium track bundles.

Term

The account will be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancelations should be addressed to ““support@omvana.com”:support@omvana.com”:“support@omvana.com”:support@omvana.com. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 7 days notice of termination in any other circumstance.

On termination for any reason, your access to the monthly subscription content will be disabled.

Responsibility and Use
You are responsible for all activities undertaken under your account. You agree not to use the Omvana Online account for any illegal or unauthorized purpose or any activity that infringes third party rights. Unless otherwise agreed in writing with us, you may not use the Omvana Online website portal for commercial purposes. You must not use the service in any manner that may deteriorate it or violates any laws (including but not limited to copyright laws). You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of your Omvana Online Account.

Security

You understand that the Omvana Online account can be used for transmission of your content, and that during processing, your content, including name, sounds, sound metadata, and certain account information may be transferred unencrypted over the internet.

Services and Content

Omvana Online provides services to users that allow them to access and use audios on Omvana Online platform. Users must use such content and services in accordance with current legislation, these terms and conditions, any specific conditions regarding the provision of these services, and ethical conduct. In particular but without limitation, users may not use this site in breach of any Intellectual and Industrial property rights (copyright, trademarks, trade secrets, etc.) nor of personal rights such as image, honor, and personal intimacy. Without limitation, you agree not to use such services to disclose, publish or disseminate any spam, illegal code/virus/malware, confidential or misleading information or advertising, or other harmful uses that may damage the systems.
We reserve the right to exclude any user from the Omvana Online services and to suspend or close his/her account without prior warning should the user breach any of these terms.
Please do note that other users may see your activity on Omvana Online.

Claims

Any claims notified to us by users in relation to infringements of intellectual or industrial property rights relating to any of the content contained on this web site must be sent to the following e-mail address: support@omvana.com.

Liabilities

We do not guarantee the user the continued availability of Omvana Online platform or the supply of information or of the various services offered through it. As a result, users will not hold us liable for any damage or expense in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of Omvana Online.
The User shall hold Omvana Online harmless in the event of damages caused to third-parties as a result of the user’s rightful or wrongful use of the products, services, contents or tools available on the website.
Omvana Online will only be liable for loss or damages incurred by the user as a consequence of accessing the website or using the contents or tools on the platform when such damages are attributed to fraud or willful misconduct on the part of Omvana Online.
We reserve the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights. Any potential breach should be notified to support@omvana.com.

Privacy policy

Personal data of users provided through using the Omvana Online website and services is processed in accordance with the following policy:
The personal data provided will be used to manage your account and to contact you. We collect personal data on creating user accounts and/or via contact forms, including name, surname, and email address. Users may voluntarily add other data in their profile. Only the data marked with a star is obligatory. Users must provide and maintain true and accurate personal profile data. Users must NOT upload any sensitive data regarding racial origin, trade union membership, religion, ideology and sexual life, the user’s or third party’s health, or relative to the commission of criminal offences or proceedings and associated penalties or fines.

Confidentiality

Technical and organizational measures have been adopted to preserve and protect users’ personal information from unauthorized use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed.

Cookies and Analytics

Cookies

This website uses “cookies”, small data files generated in your computer and associated to users. The cookies used cannot read data from the hard disk. The cookies also enable recognition of the users only when they have been registered so that they do not have to register each time they visit or access areas or services that are reserved exclusively for them. They also provide information on the date and time of the last visit the user made to the website and the content selected in browsing.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main offices are located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies.” These are text files which are located in the computer to help the website analyze how users use the site. The information generated by the cookie regarding use of the website by the user (including the IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties when required by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. All website visitors may refuse the processing of the data or information by rejecting the use of cookies. This can be done by selecting the appropriate settings on your browser. By using this website visitors consent to the processing of data about them by Google in the manner and for the purposes described above.

Other

Links

Our site contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only. Unless otherwise expressly established in each case, Omvana Online does not intervene, participate in or assume any guarantee regarding the services or products offered by third party providers that may be accessible through hyperlinks or advertisements.

Contact and notifications

You agree to receive our email notifications related to the website and services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Law and Jurisdiction

These terms and conditions are governed by the British Virgin Islands law. The parties expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these terms and the use of the services will be submitted to the exclusive jurisdiction of the competent courts of the British Virgin Island.

Consent

By registering as User, you expressly agree to this policy.