Omlist Terms of Service

1. Your Acceptance

Welcome to the Omlist Terms of Service. This is an agreement (“Agreement”) between Omlist, LLC (“Omlist”) the owner and operator of the website omlist.com and the Omlist applications and software, components, and list making and recommendation services or any other services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.

PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.

Throughout this Agreement, the words “Omlist,” “us,” “we,” and “our,” refer to our company, Omlist, as is appropriate in the context of the use of the words.

By creating an account, using the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes, please cease using our Platform immediately.

2. Access and Registration

Users may access the Platform as permitted by us. Where required, Users must register on the Platform before accessing portions of the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you represent that you are at least 18 years old and create an account. We reserve the right to verify all User credentials and to reject any users. Further we may request additional information prior to activating your account. We reserve the right to deny or restrict your account at our discretion. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Omlist immediately of any unauthorized use of your account or any other breach of security. Omlist will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. Each User is only entitled to one account and users may not share accounts with any third parties. Where you have violated this Agreement, we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion. We do not knowingly collect personal information from anyone under the age of 18. If we learn that an account belongs to a user under 18, we will terminate that account and delete the associated information, subject to our data-retention obligations under applicable law.

3. Platform Ownership

In accordance with this Agreement, we may provide you access to the Platform after registration. You merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. Where you download any portion of our Platform, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use one such copy solely for your personal own use. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Omlist and/or Omlist’s licensors and that Omlist and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Omlist. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Omlist. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform. Please be aware that all portions of the Platform are offered on an “as is” basis and Omlist makes no representations or warranties regarding any portion of the Platform. Omlist reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality at its sole discretion. Nothing in this Agreement obligates Omlist to make any previously available feature on the Platform available to you or offer any types of compatibility or versioning.

4. Lists

The Platform may allow User to create lists or other tangible collections of information (collectively “Lists”). Users are solely responsible for any User Content used to create such Lists. User understands that Default visibility for Lists and ratings is friends-only. Users may choose public, friends, or private visibility at the List level, and may also mark an individual title private regardless of the List-level setting. Friendship on the Platform is symmetric; there is no public following or follower count. A User may generate a shareable link for any List; anyone holding that link may view the List without signing in, whether or not they are the List owner's friend, and the List is not otherwise indexed or discoverable. Blends. Omlist also offers “blends” — a List shared among invited members, in which each member can see the overlap between their own and other members’ items and ratings. Members are invited by username, email, or a shareable invite link, and anyone holding an invite link joins the blend immediately upon opening it. A blend belongs to the member who created it; if the creator deletes their account, the blend is deleted for all members. Borrows. A User may also “borrow” (follow) another User’s List that is visible to them. A borrow is a pointer to the original List rather than a copy of it, and disappears if the List owner deletes the List or their account. Except where stated otherwise, anything developed or delivered by or on behalf of Omlist under this Agreement is owned exclusively by Omlist or its licensors including all underlying technology. The rights granted to Users do not convey any rights in the Platform, express or implied, or ownership in the Platform. User shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Omlist.

5. Information Found on the Platform

ALL CONTENT FOUND ON THE PLATFORM INCLUDING ANY CONTENT PROVIDED BY OMLIST IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. The Omlist Platform may provide recommendations but does not endorse or warrant any content, whether such content is User Content, content owned by Omlist, or content provided by third parties. Any content or information found on the Platform is offered “as-is” and without warranty of any kind. Please be aware that any content encountered may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any content and you agree to release us from any liability related to your use of any content found on the Platform.

Affiliate and Sponsored Content: Omlist participates in affiliate programs, including the Amazon Associates Program and the Bookshop.org affiliate program. Where a qualifying purchase is made through a link on a book page, Omlist may earn a commission. Affiliate relationships do not affect what Omlist catalogs or recommends. Users do not earn or receive any compensation through these links.

6. Privacy Policy

We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. User Content

A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data or data sets, Lists, listings, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Omlist is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

7.1 Published Content. When you make User Content public or visible to other users — including a custom list name set to a public or friends visibility, your username, an image or portrait vote, or content accessible via a shared list link (“Published Content”) — you grant Omlist, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your Published Content for such purposes as required by us to provide you access to the Platform or for other purposes at our sole discretion. 7.2 Private Content. Private notes, ratings, rankings, and any other User Content that the Platform does not make visible to anyone other than you (“Private Content”) are licensed to Omlist solely to store, back up, synchronize, and display that Private Content back to you as part of operating the Service, and to provide customer support or account recovery at your request. We will not display, distribute, broadcast, transmit, or otherwise make Private Content available to any other user or third party. This license ends when the associated Private Content or your account is deleted, except for a reasonable period afterward to the extent needed for backups or as required by law. 7.2a Aggregated Use. Notwithstanding Section 7.2, Omlist may use ratings, rankings, votes, and similar inputs in de-identified or aggregated form that does not identify you to operate community features (such as community rankings, image selection, and taste matching). 7.2b Catalog Contributions. Catalog contributions — factual catalog metadata added to Omlist’s shared catalog through your imports or corrections — are licensed to Omlist on a perpetual, unattributed basis and survive account deletion as described in Section 32. 7.3 General. Omlist has no liability to you for any User Content, whether Published Content or Private Content, including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Omlist shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. We will not use User Content to train, fine-tune, or evaluate any general-purpose AI, whether operated by us or a third party, or machine-learning model unless required to operate a feature you have knowingly enabled, or unless you separately opt in.

8. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner that violates the laws of your jurisdiction or the laws of the United States;
• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
• You may not use the Platform in a manner that would cause liability or harm to Omlist;
• You may not interfere with or disrupt the Platform;
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
• You agree that you will not hold Omlist responsible for your use of our Platform;
• You may not use bots, scrapers, crawlers, or other automated means to access, collect data from, or interact with the Platform without our prior written permission;
• You may not conduct security testing, penetration testing, or vulnerability scanning of the Platform without our prior written authorization;

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Omlist reserves the right to suspend or terminate any account at any time at our discretion.

9. User Account Holds

From time to time, Omlist may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; or (2) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.

10. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

11. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

12. Third Party Content and Websites

Users may be able to view content posted by third parties through our Platform (“Third Party Content”). Omlist does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Omlist assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

Through the Platform User may connect to third party software, API’s or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Platform, Omlist does not warrant or endorse any such Third Party Websites. User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the transmission, processing, or storage of any User Content by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party Websites. Omlist will not be responsible for any connectivity issues related to any Third Party Websites and the Platform. User’s access to any Third Party Websites are subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Websites. Any use of a Third Party Website through the Platform shall be for non-commercial purposes only.

13. Idea Submission

Omlist or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Omlist. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Omlist’ products might seem similar to ideas submitted to Omlist. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Omlist, without any compensation to the submitter; (2) Omlist may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Omlist to review the Submission; and (4) there is no obligation to keep any Submissions confidential. This Section 13 does not apply to bug reports, data-accuracy corrections, or other issue reports submitted through the Platform’s “Report an Issue” feature, which are governed by our data-quality and support processes rather than this Idea Submission policy.

14. Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OMLIST, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. OMLIST DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. OMLIST DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. OMLIST DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND OMLIST SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

15. Limitation of Liability

IN NO EVENT SHALL OMLIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OMLIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY OMLIST’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS GREATER.

16. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Omlist, its officers, directors, employees, affiliates, and agents, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to the Omlist Platform;
• your violation of any term of this Agreement;
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Omlist Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

17. Copyrights

Takedown Notice

We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Omlist, legal@omlist.com or Omlist, LLC, 2443 Fillmore St #288, San Francisco, CA 94115.

Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), it is our policy, in appropriate circumstances, to terminate the accounts of Users who are determined to be repeat infringers of copyright.

Counter Notice

In the event that you receive a notification from Omlist stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

Upon receipt of a valid counter-notice, we will forward a copy to the party who submitted the original takedown notice. Unless that party informs us within 10 business days that they have filed a court action seeking a restraining order against you, we will restore the removed material within 10 to 14 business days of receiving the counter-notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: legal@omlist.com or Omlist, LLC, 2443 Fillmore St #288, San Francisco, CA 94115

18. Choice of Law

This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in California.

19. Disputes

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Omlist agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (the “Rules”) then in effect, found at https://www.adr.org/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be in San Francisco, CA. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Omlist will pay all AAA filing, administrative, and arbitrator fees for any arbitration you initiate as an individual consumer, except that the arbitrator may allocate fees against you if the arbitrator finds your claim frivolous or brought for an improper purpose. This arbitration shall be conducted under the AAA Consumer Arbitration Rules.

The format and location of any hearing shall be determined under the Rules, which currently provide for virtual hearings by default. Before filing an arbitration or court action, the party asserting a Dispute must first send the other party written notice describing the Dispute and the relief sought, and the parties shall attempt in good faith to resolve the Dispute informally for at least 30 days after that notice before filing. If 25 or more similar Disputes are filed by or on behalf of related claimants within a short period, the parties agree to cooperate in good faith, including with the arbitration provider’s process arbitrator or equivalent mechanism, to resolve those Disputes efficiently, which may include batching, a shared process arbitrator, or other case-management measures agreed at that time or ordered by the arbitration provider.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within San Francisco County, CA.

If the one-year filing deadline or the confidentiality requirement in this Section 19 is found unenforceable as to a particular claim, that specific provision (and only that provision) shall be severed as to that claim, and the remainder of this Section 19, including the obligation to arbitrate, shall remain in full force.

You have the right to opt out of binding arbitration by notifying us via mail at Omlist, LLC, 2443 Fillmore St #288, San Francisco, CA 94115, within thirty (30) days of the date You first accepted this Agreement. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within San Francisco County, CA.

Notwithstanding the foregoing, either party may seek emergency injunctive or other interim relief in a court of competent jurisdiction to prevent irreparable harm, without waiving its right to arbitrate the underlying Dispute.

20. Class Action and PAGA Waiver

You and Omlist agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

If a court or arbitrator determines that this waiver is unenforceable as to a particular claim (including a non-waivable representative claim under the California Private Attorneys General Act), that claim shall proceed in a court of competent jurisdiction, while any remaining Disputes shall still be resolved through the individual arbitration described in Section 19.

Notwithstanding the foregoing, to the extent a claim seeks public injunctive relief that cannot, under applicable law, be waived by agreement, that claim (and only that claim) shall proceed in a court of competent jurisdiction in San Francisco County, California, rather than in arbitration, and shall be stayed pending resolution of any remaining arbitrable Disputes between the parties.

21. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Omlist are deemed to conflict with each other’s operation, Omlist shall resolve the conflict in the manner that most closely reflects the parties’ original intent while preserving the enforceability of the Agreement.

22. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

23. Payment

23.1 Paid Features. The Platform is currently offered free of charge. We may introduce paid subscription plans, premium features, or other paid offerings (“Paid Features”) at any time. If we do, this Section 23 governs your purchase and use of Paid Features, and the specific pricing, billing frequency, and feature inclusions will be described on our pricing page and at checkout when any Paid Feature is introduced.

23.2 Recurring Billing. If a Paid Feature is offered on a subscription basis, your subscription automatically renews unless cancelled. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis, at the price disclosed at checkout, until you cancel. The recurring charge amount, billing frequency, and renewal date will be disclosed before checkout, and we will send a renewal reminder email at least 15 days before any automatic renewal of an annual subscription.

23.3 Cancellation. You may cancel a paid subscription at any time through your account settings or by contacting us. Cancellation methods will be designed to be at least as easy as the steps used to start the subscription, consistent with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) and the FTC’s Negative Option Rule.

23.4 Refunds. Except where required by applicable law, payments for Paid Features are non-refundable. If you cancel, your access to the Paid Feature continues through the end of the then-current billing period, and no prorated refund will be issued.

23.5 Price Changes. We may change pricing for any Paid Feature upon at least 30 days’ notice; changes take effect at the start of your next billing period following that notice.

23.6 Payment Processing and Taxes. Payments are processed by a third-party payment processor (such as Stripe), and that processor’s terms of service and privacy policy apply to the payment transaction. All fees are exclusive of applicable taxes, which you are responsible for and which will be calculated and added at checkout where required by law.

23.7 Effect of Cancellation or Lapse on Your Data. Cancelling or allowing a paid subscription to lapse does not delete your account, ratings, Lists, or other User Content. When a subscription ends, your account automatically reverts to the free tier: any Paid Features stop, but everything included in the free tier — including your existing ratings, rankings, custom Lists, and data export — remains available to you. This Section 23.7 does not limit or override Section 32 (Account Termination), which continues to govern what happens if you delete your account yourself or if we terminate your account under that Section.

24. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

25. Entire Agreement and Notices

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. User may be notified for any waiver, modification or amendment of this Agreement and such changes may require User’s affirmative consent where applicable — specifically, changes that materially expand the scope of the arbitration or class-action-waiver provisions in Section 19, or that increase pricing on an active paid subscription, will require your affirmative consent (for example, a checkbox or renewed acceptance click) rather than notice alone. Any notices required under this Agreement shall be delivered to Omlist, LLC, 2443 Fillmore St #288, San Francisco, CA 94115, delivery confirmation required. Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.

26. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account by contacting us or through your account portal in the Platform.

27. Export Control and Sanctions

You represent and warrant that you are not located in, and are not a national or resident of, any country subject to a comprehensive U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties, including OFAC’s Specially Designated Nationals list. You agree not to use the Platform in violation of any U.S. export control or economic sanctions law.

28. Force Majeure

Omlist is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, war, government action, pandemics, internet or hosting-provider outages, or cyberattacks.

29. No Third-Party Beneficiaries

This Agreement does not confer any rights or remedies on any person other than you and Omlist, and there are no third-party beneficiaries to this Agreement.

30. Electronic Communications

The communications between you and Omlist use electronic means, whether you visit the Platform or send Omlist e-mails, or whether Omlist posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Omlist in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Omlist provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

31. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform by email at Omlisthelp@gmail.com.

32. Account Termination

We may terminate your account or this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Omlist, our business interests or a third party, at our discretion. In the event of account termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

Separately, you may delete your own account at any time on a self-service basis from within the Platform. Self-service deletion is permanent and cannot be undone: it deletes your ratings, rankings, private notes, custom Lists, blends, votes, friendships, connected third-party accounts (such as Spotify), your profile, and your authentication record. Two things do not survive this description but are retained after deletion: (1) any issue report you submitted remains on file with the identifying author fields (both the author account id and the email address associated with the report) removed, and (2) if an import you performed created a new entry in Omlist's shared catalog (for example, a title not previously in our database), that catalog entry remains part of the shared catalog available to all Users. This does not affect DMCA notices, counter-notices, or other legal notices we receive, which we retain in full as legal records regardless of any subsequent account deletion.

33. Third-Party Data Sources

Omlist’s catalog is assembled in part from third-party data sources covering film, television, games, books, music, audiobooks, and podcasts, each used subject to that source’s own license terms. A current list of sources and required attributions is maintained at the Platform’s /data page. Certain source data carries attribution, share-alike, or non-commercial conditions; Omlist uses such data consistent with those conditions and will remove or re-source data upon becoming aware it is not properly licensed for its current use. Third-party-sourced metadata is provided “as-is” and is subject to Section 5; Omlist does not warrant its accuracy, completeness, or timeliness. Omlist does not claim ownership of factual data obtained from these sources, but retains all rights in its own curation, organization, and presentation of the catalog.