Privacy Policy

Who we are

Our website address is: https://omaptv.com.

New Privacy Term

This Agreement sets out the terms and conditions governing your use of the Services provided by the Provider, listed as Class USA Co. LLC. and its parent company OMAP Co. LLC. These Services include websites, software, mobile applications, and other related products, as well as videos, images, music, software, and hardware offered by the Provider. If you are using the Services on behalf of an organization, the term “you” refers to such organization.

This Privacy Policy explains how OMAP Co. LLC. (“OMAP V ”) collects, uses, edits, updates, and discloses personal information in order to provide smart video productions, editions, and total solutions of sales (“Services”) to its customers. This Privacy Policy applies to personal information collected when using or accessing our online websites (“Sites”), mobile apps (collectively “Mobile Apps”), or purchasing products (“Goods”) from the following Sites:

• Account Information for purchase of images, contents, or Goods: When creating an account to purchase our Goods, you will be required to provide us with personal information such as your name, email address, password, and shipping address. Your payment information, such as credit card information and billing address, will be collected by our trusted third-party payment provider(s). We use this information to process and fulfill orders, and to send emails to confirm your order status, shipment, and sales refunds.
• Guest Check-Out for purchase of Goods: If you order Goods as a guest (without creating an account), we will use your information such as name, email address, and shipping address to process and fulfill orders, and to send emails to confirm your order status and shipment. Your payment information, such as credit card information and billing address, will be collected by our trusted third-party payment provider. We use this information to process and fulfill orders, and to send emails to confirm your order status, shipment, and sales refunds.
• Marketing: We may collect your personal information in order to provide you with free marketing-related materials and/or opportunities to participate in contests or promotions. If you do not wish to receive such marketing materials from OMAP V via email, you can click the “unsubscribe” button on the bottom of the email. For communication via postal mail, contact us at contact@omaptv.com.
• Product Reviews: We may post product reviews of our customers on our Site who voluntarily agree to participate.

By clicking “Register,” “Join,” “Confirm Receipt,” or similar contractual agreement for wording to create an account, upload, edit, confirm receipt, signing any document that incorporates these terms by reference, completing the registration process, or using the Services, you agree to these Terms. If you do not agree with these Terms, do not click to create an account, a document that incorporates these terms, complete the registration process, or use the Services.

Please note that these Terms contain a class action waiver.

The scope of your Services is described in your order form, invoice, or other mutually agreed document that details the business terms of your order, such as service plan, number of users, usage volume limits, pricing, duration, etc. You and your Authorized Users may use the Services as permitted by the Service Terms. “Authorized User” means anyone you authorize to access and use the Services under your account. You are responsible for the actions of your Authorized Users. Our Services are not designed for or marketed to children under 18.

You are responsible for keeping control of your account access credentials, such as login, password, two-factor authentication codes, and backup codes, and for keeping them confidential, safe, and up-to-date. Provider may choose to make certain Services available to you for free, including as a trial or promotion (“Free Services”). Additionally, Provider may invite you to try new features or functionality not generally available to users.

 

1.2. Users and Authorized Users. You and anyone you authorize under your account may use the Services in accordance with the terms of the SERVICE agreement. An “Authorized User” is anyone you grant access to use the Services under your account, and you are responsible for their actions. If you are an Authorized User of an organization, you acknowledge that the organization owns the account and its content, may access and control your account, and can transfer Authorized Users between its accounts without notice. If you use an email address provided by your organization to create your Services account, the organization owns the account. If you don’t want the organization to access, use or control your account, don’t use an email address provided by your organization.

1.3. Use by Children. The Services are not intended for or marketed to children under 18. If you use the Services to collect personal information about minors, you are responsible for obtaining the appropriate consent from the minor’s parent or legal guardian.

1.4. Account Access Credentials. You are responsible for maintaining control over your account access credentials, such as login, password, two-factor authentication codes, and backup codes. Keep them confidential, secure, and up-to-date. If you lose your credentials, including losing access to your email, you may not be able to restore access to your account or Your Content.

1.5. Free and Beta Services. The Provider may offer certain Services for free, such as a trial or promotion (“Free Services”). The Provider may also invite you to try new features or functionality that are not generally available to users (“Beta Services”). Free Services and Beta Services are for evaluation purposes only. The Provider may discontinue Free Services and Beta Services at any time and may never make Beta Services generally available. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY SERVICE LEVEL OR SUPPORT COMMITMENT.

1.6. Third-Party Services. Optional Third-Party Services available through the Services may be governed by separate terms and conditions. Warranties for Third-Party Services are only available if the third-party provider provides such warranties. The Provider is not responsible for such Third-Party Services, but by using them, you authorize the Provider to share your account data and Your Content with the third-party provider to enable you to access and receive the Third-Party Services. The Services depend on third-party networks, internet providers, and device manufacturers outside the Provider’s control, and the Provider is not responsible for performance or non-performance due to such networks or devices.

1.7. Changes to the Services. The Provider may enhance, upgrade, modify, discontinue, or stop supporting the Services at any time. However, the Provider will not materially reduce or discontinue the core functionality of the Services except as allowed by this Agreement.

 

The Agreement encompasses additional documents.

The Agreement comprises these Terms of Service, the Subscription Terms, and other applicable documents, as listed below:

• “Data Use of Rights”: This document governs the handling and transfer of personal data and is available at www.ClassinUSA.com and www.omaptv.com.
• “Service Agreement”: This document governs the availability of the Subscription Services for Subscribers and is available at www.omaptv.com.

The Agreement constitutes the complete agreement between the parties regarding your use of the Services, and it supersedes and replaces all prior or contemporaneous agreements, written or oral, regarding the same matter. It takes precedence over any conflicting terms contained in any documents, communications, or discussions. If any inconsistencies or conflicts arise between these Terms and any other document included in the Agreement, these Terms will prevail, unless the other document explicitly states otherwise.

Ownership of Content.

3.1. Your Content: “Your Content” refers to documents, communications, personal information, and other content uploaded by you, including your Authorized Users, to or used with the Services. You own all the rights to Your Content, and you are responsible for ensuring its compliance with the law.

3.2. Provider Content: “Provider Content” refers to documents, communications, data, and other content provided by the Provider as part of the Services or its business operations. The Provider owns all the rights to Provider Content, except when explicitly included as part of the Services in your Service Terms (such as Provider’s proprietary document templates and its edits or additions), which then becomes part of the Services. You cannot claim ownership of Provider Content, even if you download it. All rights not expressly granted in this Agreement are reserved by Provider.

3.3. Third-Party Content: “Third-Party Content” refers to content owned by someone other than you or Provider. Third parties or Provider may post or refer to Third-Party Content on the Services. Such content is “as is” and without any service level or support commitment. You acknowledge that Provider’s indexing or categorization of such content does not change its ownership status.

3.4. Feedback: If you provide any idea, suggestion, information, or feedback relating to the Services (“Feedback”), including new features or functionality, you assign to the Provider all the rights, including all copyright, patent, and other intellectual property rights in all of your Feedback. This includes Feedback submitted via support tickets, email, chat, survey, product review, or community forum. If assignment is prohibited by law, you grant Provider and its affiliates an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use all Feedback.

3.5. Takedown Requests: If you believe that any content should not be available on the Services, you should report it to Provider’s support team. If you believe that any content on the Services infringes your copyright rights, please follow Provider’s PRIVACY Policy.

 

1. CONFIDENTIALITY.

4.1. Definition of Confidential Information. Any non-public information disclosed by one party (the “disclosing party”) to the other party (the “receiving party”), which the receiving party knows or reasonably should know is confidential to the disclosing party, shall be deemed “Confidential Information.” However, information that falls into one of the following categories shall not be considered Confidential Information: (a) information that becomes publicly available through no fault of the receiving party; (b) information that the receiving party already knew at the time of receiving such information without any obligation of confidentiality; (c) information obtained by the receiving party from a third party that was not under any obligation of confidentiality; or (d) information that was independently developed by the receiving party without the use of Confidential Information.

4.2. Confidentiality Obligations. The receiving party agrees to (i) protect Confidential Information with reasonable care and (ii) use Confidential Information solely as required for the purposes of this Agreement. Each party may disclose relevant portions of Confidential Information to the other party’s representatives, provided that such individuals or entities are bound by obligations of confidentiality that are at least as stringent as those set forth in this Agreement. Upon request by the disclosing party, the receiving party shall either return or destroy all copies of the disclosing party’s Confidential Information in its possession or control within thirty (30) days. If you wish to delete your Confidential Information, you may do so by deleting your account through your account settings. Provider support can assist you with this process. If you delete your account, Provider will remove Confidential Information in your account according to its then-current deletion policy or practice. However, neither party shall be obligated to delete any copies of Confidential Information that are (a) needed to comply with a legal obligation, or (b) stored in automated data backup systems. Either party may disclose Confidential Information in compliance with a mandatory legal request. These confidentiality obligations shall remain in effect for the term of this Agreement plus three (3) years.

4.3. Other Non-Disclosure Agreements. In the event that the parties enter into another non-disclosure agreement, such agreement shall supplement (and not supersede) this Agreement and shall exist concurrently with it. In the event of any inconsistency or conflict between the provisions of such agreement and this Agreement, the provision that affords the disclosing party the greatest degree of confidentiality protection shall govern.

1. LICENSE.

5.1. Your License. Subject to your compliance with this Agreement, Provider grants you a limited, non-exclusive, non-transferable (except as expressly permitted by this Agreement) license to use the Services solely for your internal use, whether personal or business. If you are licensing the API as part of the Services (as indicated in your Subscription Terms), your license also includes the right to incorporate the API into your products and services as permitted by your Subscription Terms. Provider reserves all rights not expressly granted to you in this Agreement.

 

 

Rewritten:

Section 5.2: Acceptable Use

You are prohibited from doing the following, directly or indirectly: (i) distributing, reselling, or making the Provider’s Services available to anyone except as expressly allowed by the Agreement or the Service Terms; (ii) reverse engineering, disassembling, or decompiling the Services or any software used to provide the Services; (iii) tampering with any notices or technological restrictions in the Services; (iv) sharing your login credentials or using any automated system to access or operate the Services; (v) using the Services to host, transmit, or otherwise assist in illegal, abusive, fraudulent, deceptive, threatening, explicit, obscene, hateful, or harmful content or behavior or malicious code; (vi) using the Services for the benefit of a competing offering; (vii) overloading, disrupting, overburdening, or impairing the Services; (viii) misrepresenting yourself or impersonating another person; (ix) violating any law or intellectual property rights of anyone; or (x) attempting any of the above.

Section 5.3: Protective Actions

If the Provider reasonably determines that you violate any of the use restrictions above, it may suspend or terminate your access to the Services or take other actions to prevent violations, including removing violating content and deactivating URLs or links provided by the Services. The Provider will make reasonable efforts to notify you without unreasonable delay after taking protective action.

Section 6: Online Communications

By accepting these Terms, you agree to receive online communications from the Provider. These online communications may include notices about your subscription, payments, security, violations of the Agreement, suspension of your use of the Services, termination of the Agreement, changes to the Services, and other communications related to the Services. You also agree to receive marketing communications from the Provider to the extent permitted by law.

Section 7: Provider Warranties

7.1 Provider Warranties

The Provider warrants that the Services, excluding Free Services, Beta Services, Third-Party Content, and Third-Party Services, will: • operate substantially in conformance with the Subscription Terms and Service Level Agreement and other requirements of this Agreement; • not, to the Provider’s knowledge, infringe any United States patent, registered trademark, copyright, or trade secret; and • be provided via an infrastructure that employs security practices that the Provider has determined in good faith to be commercially reasonable.

7.2 As-Is; No Other Warranties

Except as expressly provided in this Agreement, the Services are provided “as is” and “as available,” and the Provider excludes and disclaims all representations and warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, satisfactory quality, quiet enjoyment, or non-infringement of third-party rights, and those arising from course of dealing and usage of trade.

7.3 No Legal or Other Professional Advice

None of the Services and Provider Content constitutes or provides legal or other professional advice. The Provider does not warrant that any of the Services or Provider Content will produce any specific legal outcome. You should consult a qualified licensed attorney or another appropriate professional for specific advice tailored to your situation. The Provider is not a law firm, and communications between you and the Provider will not be protected as privileged communications under the attorney-client privilege or work product doctrine.

Section 8-9: Fees and Payments

Payment and Liability Terms:

By accepting the services, you agree to pay the fees for the services as per the Subscription Terms, without withholding, offset, or deduction. All fees are non-refundable, except for the refund policy offered by the Provider on the website for first-time users who are dissatisfied with the services. If changes in fees are made, they will be effective from the next term of the service period, and your current Service Agreement period will remain unaffected.

If the Subscription Terms do not specify a different due date, your fees are due on the first day of the subscription period. If the Provider is required to invoice you, all fees are payable within thirty (30) days of the invoice date. In case of delayed payment, the Provider reserves the right to suspend your access to services and charge interest on the overdue amount. The Provider may require you to provide a valid credit card or another form of payment before accessing services.

Both parties agree to limit their liability. Except for your breach of any obligations in Section 5 above, neither party will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind in connection with the services. The total cumulative liability of the Provider to you for any claims and damages under this agreement will not exceed the greater of (i) one hundred dollars ($100) or (ii) the amount of fees paid by you to the Provider during the twelve (12) months before the date on which any claim arose.

 

 

Rewritten:

1. INDEMNIFICATION. 10.1. Provider Indemnification. Provider agrees to defend and indemnify you against any written claim or legal proceedings made by a third party (each a “Claim”) and hold you harmless from resulting liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) (“Liabilities”) arising from any alleged infringement of any United States patent, registered trademark, or copyright or from Provider’s alleged misappropriation of any third party’s trade secrets enforceable in the United States during the development of the Services, subject to Section 9 above. If a Claim is made or appears likely to occur, Provider may, in its sole discretion, (a) acquire the right for you to continue using the Services, (b) modify or replace the Services so they are no longer infringing, or (c) terminate this Agreement with respect to the infringing portion of the Services and refund any prepaid, unused fees for such portion of the Services from the date of termination through the end of the prepaid subscription period. This Section 10.1 will not apply to any alleged infringement resulting from (A) use of the Services against Provider’s written instructions; (B) modifications to the Services not made by Provider; (C) Your Content or Third-Party Content; (D) Free Services, Beta Services, or Third-Party Services; (E) your continued use of the Services after notice of allegedly infringing material or being informed of modifications that would have avoided the alleged infringement in whole or in part; and (F) your illegal conduct or breach of this Agreement. THIS SECTION 10.1 DESCRIBES PROVIDER’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

10.2. Your Indemnification. You agree to defend and indemnify Provider against any Claim and hold Provider harmless from resulting Liabilities arising from (a) Your Content infringing or misappropriating any third party’s intellectual property rights; (b) your breach of Section 5; or (c) your violation of law, gross negligence, or willful misconduct.

10.3. Notification Procedure. The indemnified party will (a) promptly provide notice to the indemnifying party of any Claim for which indemnity is sought, (b) permit the indemnifying party to control the defense of any such Claim, and (c) provide reasonable assistance to the indemnifying party (at the indemnifying party’s expense). The indemnifying party will not enter into any settlement that imposes liability or obligations on the indemnified party without the indemnified party’s prior written consent.

1. HANDLING OF PERSONAL DATA. Any personal data gathered from you or your Authorized Users in connection with the Services that Provider has access to will be processed in accordance with the provisions of Provider’s Legal Privacy.
2. TERM AND TERMINATION OF THIS AGREEMENT. 12.1. Agreement Term. This Agreement will be effective when you first accept the Agreement, such as by clicking “register,” “sign,” “Log in” or similar wording to create an account for the Services or by executing the Terms document with Provider that incorporates the Terms by reference. The initial subscription period for your Services will be specified in the Subscription Terms. The Agreement will automatically renew for successive subscription periods equal to your initial subscription period until one party terminates it. If no subscription period is specified, the Agreement will renew month-to-month.

1. This agreement will be effective upon your acceptance, which may be done by clicking “register,” “sign,” “log in,” or similar wording to create an account for the Services or by executing the Terms document with the Provider that incorporates the Terms by reference. The initial subscription period for your Services will be specified in the Subscription Terms. The Agreement will automatically renew for successive subscription periods equal to your initial subscription period until one party terminates it. If no subscription period is specified, the Agreement will renew month-to-month.

12.1. Your Right to Terminate: You may terminate this Agreement by canceling your subscription through your account settings or by contacting Provider support and receiving written confirmation of your request. Provider will not refund any fees upon termination except as otherwise agreed.

12.2. Provider’s Right to Terminate: Provider may terminate this Agreement for cause without refund if you violate use restrictions, miss a payment, provide false or invalid billing, payment, or contact information, breach the Agreement and do not cure such breach within 30 days of Provider’s written notice, or enter into certain legal proceedings.

12.3. Surviving Provisions: Certain provisions, including this Section 12.3 and Sections 8, 9, 10, 13, 14, 15, and 17, will survive termination or expiration of this Agreement.

1. After termination, your account, Your Content, Provider Content, Third-Party Content, and the rest of the Services may immediately become inaccessible to you. Within 30 days after termination, Provider will grant you reasonable access to your Services solely for you to download Your Content using Services’ standard download functionalities. After such period, Provider will have no obligation to maintain or provide access to any of Your Content and may thereafter delete or destroy all copies of Your Content unless Provider is legally required to maintain it.
2. This Agreement contains a Class Action Waiver and Waiver of Jury Trial. Claims will be brought solely on an individual basis without the right for any claims to be brought on a collective or class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The parties waive any and all right to trial by jury in any legal proceeding arising out of or relating to the Agreement or the transactions contemplated by the Agreement.
3. The law that governs all matters arising out of this Agreement and the venue where legal disputes will be resolved is identified on the Contracting Entity. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement.
4. Provider may propose changes to this Agreement by posting an updated version of the Agreement on its website. Provider will notify you of any material changes through your account or by other reasonable means. Except for changes required for compliance with the law, any proposed material changes will be effective as of your next subscription period. If you wish to reject such changes, you may terminate this Agreement.
5. The parties agree that Provider will not be liable for any failure, interruption, or delay in performing its obligations under the Agreement if caused by any reason, cause, event, or circumstances beyond Provider’s reasonable control. Certain other provisions will survive termination or expiration of the Agreement.

 

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