0ne &trade Terms



Terms of Service Agreement

Hello! This is 0ne Media’s Terms of Servie Agreement. - Last updated on October 28th, 2013.
(Offical Terms of Servie Agreement Written in English - 0ne Media will not be held responsible for improper translations attempts created in: Google Translate )

LAST UPDATED :  October 28, 2013

0NE MEDIA TERMS OF SERVICE


These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Origin Account to access, install or play as well as any Origin Account you use to access online or mobile products or services ("0M Services") offered by 0NE MEDIA or any of its subsidiaries and affiliates (collectively, "0M") for iOS game systems or mobile devices.  If you reside in the United States, Canada or Japan, these terms are an agreement between you and 0NE MEDIA Inc.  If you reside in any other country, then these terms are an agreement between you and 0ne Media Global.  If additional terms and/or agreements apply to the 0M Service(s) used by you, those additional terms and/or agreements govern your use of 0M Services as well.   

These Terms of Service, as well as 0M’s Privacy Policy available HERE  (incorporated herein by reference) form legally binding contracts between you and 0M.  By using 0M Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check our Terms of Service periodically for new information and terms that govern your use of 0M Services.  0M may modify the Terms of Service at any time.  Revisions to terms affecting existing 0M Services shall be effective thirty (30) days after posting at 0nemedia.com.   Terms for new 0M Services are effective immediately upon posting at 0nemedia.com.


1. OM Account

An OM Account (User Account;"Account") may be required to access and use some 0M Services.  If you have questions about Account registration, please contact us by visiting Our Contact Page (for all 0M products and services.)  

To create an 0M Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the 0M Service for which you are registering.  In addition, some 0M Services may require creation of a "user name" a "persona", or "avatar" to represent you in game and online.  User names and personas are tied to your Account.  You may use a user name, or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if you or someone else uses your account to engage in activity that violates the Terms of Service, or is otherwise improper or illegal.  You should not reveal your Account password to others.  0M will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. 0M Content 

"Content" on 0M Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the device related to 0M Services or products, as well as the design and appearance of our websites.  Content includes user-generated Content ("UGC").  UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to 0M Services.  0M Content collectively shall be referred to as "Content." All Content--with the exception of discussed below in Section 6 and 7--is owned by 0M or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness your account and 0M Services. 

3. 0M Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of 0M Services and/or products.  Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

4. Use and Expiration of Content and Entitlements/General License Restrictions

0M grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the 0M Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on 0M Services as well as the products and services offered through 0M Services, are owned by 0M or 0M's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an 0M Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by 0M, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements without permssion from the content owner.  Any commercial use of protected 0M Content is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the 0M Services you are using. 

0M reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of 0M and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on 0M Services may result in the termination of your Account(s), prohibition on use of 0M Services, and further legal action.  Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless 0M from any unauthorized or illegal conduct by you, or through the use of your Account, on 0M Services.

5. 0M Services, Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from 0M or an authorized retailer.  0M reserves the right to refuse your request(s) to acquire Entitlements, and 0M reserves the right to limit or block any request to acquire Entitlements for any reason. 

We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed your Entitlements, that content is not returnable, or refundable for other Entitlements or for cash, however it may be exchangeable, or resaleable to other users for other Entitlements, or other goods or services. See our Merchant User Services Trust Agreementfor more details on creating a transaction level merchant account.

6. Contributing to 0M Services

0M does not pre-screen all 0M Users and does not endorse or approve any content that you and other users may contribute to 0M Services.  You are solely responsible for your 0M Account and may be held liable for content that you post.

0M respects the intellectual property rights of others.  You must have the legal right to upload Content to 0M Services.  You may not upload or post any Content on 0M Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity.  You may upload only Content that you are permitted to upload by the owner or by law. 0M may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of 0M's, or a third party's intellectual property or other rights, 0M may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

0M reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable Content for any reason, including when 0M determines that Content violates these terms.  The decision to remove Content at any time is in 0M's sole and final discretion.  To the maximum extent permitted by applicable law, 0M does not assume any responsibility or liability for Content or for removal of, Content or any failure to or delay in removing, Content.

7. Content License Grant to 0M and Others

When you contribute Content to an 0M Service, you expressly grant to 0M and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant 0M and its licensors all licenses, consents and clearances to enable 0M and its licensors to use such Content for any such purposes.  You waive and agree not to assert any moral or similar rights you may have on such Content.

If the 0M Service on which you contribute Content permits other users to access and use that Contnent as part of the 0M Service, then you also grant all other users of the relevant 0M Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your Content on or through the relevant 0M Service without further notice, attribution or compensation to you.

8. Paid Services

Some 0M Services require payment of a fee.  You must have an Account and pay fees to participate in these activities.  For information about fees for particular services, visit Merchant User Services Trust Agreement for more details on creating a transaction level merchant account.

FEES ARE PAYABLE IN ADVANCE OR AT TIME OF PURCHASE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

0M reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an 0M Service, 0M will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the 0M Service.  You are responsible for reviewing the 0M Service to obtain timely notice of such changes.  Your continued use of the 0M Service thirty (30) days or more after posting of the changes means that you accept such changes.  If any change is unacceptable to you, you may cancel your subscription at any time, but 0M will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.  If your use of 0M Services is subject to use or sales tax, then 0M may also charge you for any such taxes, in addition to the subscription or other fees.  For further information, visit Merchant User Services Trust Agreement

A. Payment Options.  You may pay fees using the methods available for the particular 0M Service and you agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by 0M Service.  When you provide credit card or other payment information to 0M, you represent to 0M that you are the authorized user of the credit card or other payment method.  By agreeing to this Terms of Service, you have agreed to permit 0M to automatically renew your subscription to an 0M Service by charging a valid credit card number which you have provided to 0M.  Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than 0M's current price on the date of transaction, excluding any promotional and discount pricing, unless you cancel your subscription prior to the transaction date.  You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify 0M Services if your credit card is canceled (for example, for loss or theft).  Changes to such information can be made by contacting Customer Service at Merchant User Services Trust Agreement (for PopCap products) or swtor.com/support  If you fail to provide 0M any of the foregoing information, you agree that 0M may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription.  0M reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to 0M.  Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit Merchant User Services Trust Agreement (for PopCap products) or swtor.com/support 

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you and/or anyone that uses your Account to make transactions, including your family memebers, associates, or friends with access to your account.

B. Trial Subscriptions.   For some 0M Services, 0M may offer a free trial subscription.  If you accept a free trial subscription, 0M will begin to bill your Account for that 0M Service when the free trial subscription expires, unless you cancel your subscription before that time.  You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using 0M Services, even when we offer a free trial subscription.  Trial subscriptions are non-transferrable.

C. Fees Charged By Third-Party Sites and Vendors.  We may provide links to other users or web sites.  Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to 0M.  Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

9. Termination of 0M Services

0M may terminate access to any online or mobile products and/or 0M Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular 0M Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at 0M’s discretion) provided to you via email or is posted on the applicable product or 0M Service or on http://www.0neMedia.com/service-updates/.

0M may also terminate access to 0M Services at anytime for violation of this Terms of Service, if 0M (in its sole discretion) deems that your use of 0M Services renders 0M Services less safe for others and/or minors or for illegal or improper use of 0M Services, Content, Entitlement, Products, or 0M's Intellectual Property as determined by 0M in its sole discretion.  You may lose your user name and persona as a result of  termination.  If you have more than one (1) Account, 0M may terminate any and all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to 0M Services accessed by you, 0M may issue you a warning, suspend your Account temproarily or permananetly, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently revoke asscess to, or ban your device and/or machine from accessing any and all 0M Services or certain 0M Services and products.  You acknowledge that in such an instance 0M is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all 0M Services or selectively removing, revoking or garnishing Entitlements associated with your Account.  If 0M terminates your Account, you may not participate in an 0M Service again without 0M'sexpress permission.  0M reserves the right to refuse to keep Accounts for, and provide 0M Services to, any individual at any time.  You may not allow individuals whose Accounts have been terminated by 0M to use your Account.

If your Account, or a particular subscription for an 0M Service or associated product with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all 0M Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular 0M Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at: Merchant User Services Trust Agreement

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an 0M Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use 0M Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with 0M, including any dispute related to, or arising out of: (1) any term of this Terms of Service or 0M'senforcement or application of this Terms of Service; (2) the Content and Entitlements available through 0M Services or any change in Content or Entitlements provided through 0M Services; (3) your ability to access and/or use 0M Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for 0M Services and/or any Content or Entitlements thereon.

Contact 0M's Customer Service Department at Merchant User Services Trust Agreement to cancel your Account.  0M reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an 0M Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with 0M Services must be settled before you establish a new Account.

11. Rules of Conduct

You may violate the Terms of Service if, as determined by 0M in its sole discretion, you:

- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, spam or do anything else to another User that is unwanted, such as repeatedly sending unwanted messages, solicitations, or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of 0M Services.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of Service or dialogue within an 0M Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations, and/or advertisements.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an 0M employee or a representative of 0M, or attempt to mislead users by indicating that you represent 0M or any of 0M's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on 0M Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific 0M Service that you are using.
- Promote, encourage or take part in any activity involving stealing, replicating, hacking, cracking, phishing, reverse engineering, or taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, trajan-ware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt 0M Services.
- Post messages for any purpose other than personal communication, including chain letters, pyramid schemes, or other anoying, or disruptive activities.
- Improperly use in-game support or complaint buttons or make false reports to 0M staff.
- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Use any computer hacking/altering/cheating software or tools. 
- Modify or attempt to modify any file or any other part of the 0M Service that 0M does not specifically authorize you to modify.
- Post or communicate any other person's real-world personal private information using an 0M Service without thier consent.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for an 0M Service.
- Use and communicate exploits and/or cheats.
- Attempt to use 0M Software on or through any service that is not controlled or authorized by 0NE MEDIA.  Any such use is at your own risk and may subject you to additional or different terms.  0M takes no responsibility for your use of 0M Software on or through any service that is not controlled by 0NE MEDIA.
- Interfere with the ability of others to use an 0M Service or take actions that interfere with or materially increase the cost to provide an 0M Service for the enjoyment of all its users.
- Unless expressly authorized in an Agreement with 0M, you may not sell, buy, trade or otherwise transfer your Account or any personal access to 0M Services, Content or Entitlements.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in undesignated areas.
- Abuse or exploit bugs, undocumented features, design errors or problems in the game. 
- “Role–playing” is not an excuse for violating this or any other policy. 0M is offering a Service that is aimed at being a genuine user expereince that would be dimenished by the use of role-playing, or the use of fictiious characters as ones user persona.

Specific 0M Services may also post additional rules that apply to your conduct on those services. 

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use 0M Services.  0M reserves the right to terminate your Account and to prevent your use of any and all 0M Services if your Account is used to engage in illegal activity or to violate this Terms of Service. 

Unless otherwise specified by Law, there is no requirement or expectation that 0M will or will not monitor or record any and all online activity on 0M Services, including communications, locations services data, Content upload and creation,and any and all product or service transactions within the 0M Service. 0M reserves the right to access and/or record any online activity on 0M Services and you give 0M your express consent to access and record your activities.  0M reserves the right to remove any content from any 0M Service at 0M's sole discretion.  0M has no liability for your or any third party's violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to 0M using the "Help" or "Report Abuse" functions in the relevant 0M Service, if available, or contact Customer Support at Merchant User Services Trust Agreement.

12. Services Not Controlled By 0M

Some products may give you the option of using 0M Software on or through a service that is contorled by a third party, or that is not controlled by 0M.  For example, you may be given the option to use 0M Software online on servers not owned or controlled by 0M, in products not manufactured or distributed by 0M.  0M takes no responsibility for your use of 0M Software on or through any such service or hardware for which 0M otherwise has no control over how those services or products are offered or delivered, administered or operated.  Any such use of non-0M controlled services is at your own risk and may subject you to additional or different terms and restrictions, and user experience by the third parties running the services. 

13. Software, Utilities and Tools

0M Services may require or allow you to download software, software updates or patches, or other utilities and tools from 0M or its licensors onto your computer, entertainment system or device ("0M Software").  0M grants to you a non-exclusive, limited license to use 0M Software solely for the purpose stated by 0M at the time the 0M Software is made available to you.  If an End User License Agreement or M. U. S. T. Agreement is provided with the 0M Software, your use of the 0M Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access 0M Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from 0M Software.  You may not modify 0M Software or use it in any way not expressly authorized in writing by 0M.  You understand that 0M's introduction of various technologies may not be consistent across all platforms and that the performance of 0M Software and related 0M Services may vary depending on your computer and other equipment abilites.

From time to time, 0NE MEDIA may provide you with updates or modifications to 0M Software.  You understand that certain updates and modifications may be required in order to continue use the 0M Software and 0M Services.

14. Export Control Laws

0M Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading 0M Software from 0M, you warrant that you are not located in any country, or exporting 0M Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or 0M Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to 0M Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement.

15. Updates to 0M Services

IMPORTANT: 0M MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE USAGE OF 0M SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT VIRTUAL WORLD ENVIRONMENT AND MAY AFFECT CHARACTERS, COMMUNICATIONS, INTERACTIONS, PURCHASES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  0M RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR ANY ACTIONS RESULTING FROM THESE CHANGES.

16. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF 0M SERVICES, 0M SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  0M SERVICES, 0M SOFTWARE, 0M PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF 0M SOFTWARE OR 0M SERVICES.  0M DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  0M PROVIDES 0M SERVICES ON A COMMERCIALLY R0MSONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE 0M SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT 0M WILL HAVE ADEQUATE CAPACITY FOR 0M SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC LOCATION. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 0M OR ITS LICENSORS ARISING OUT OF OR RELATING TO 0M SERVICES AND/OR 0M PRODUCTS IS TO STOP USING 0M SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT 0M, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON 0M SERVICES OR USE OF 0M SOFTWARE.  IN NO CASE SHALL 0M's OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "0M AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO 0M FOR 0M SERVICES.  IN NO CASE SHALL 0M, ITS LICENSORS OR 0M AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF 0M SERVICES, 0M SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF 0M SERVICES OR ACCOUNTS.  WHILE 0M USES COMMERCIALLY R0MSONABLE M0MNS TO PROTECT YOUR PERSONAL INFORMATION, 0M AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY 0M SERVICE, CONTENT, 0M SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 0M'S, 0M's LICENSORS' AND 0M AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  0M DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH 0M AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Indemnification

Upon 0M's and/or its licensors' request, you agree to defend, indemnify and hold harmless 0M, its licensors and 0M Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through 0M Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold 0M and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of 0M Services and for all of your communication and activity on 0M Services, including any Content you contribute, and that you will indemnify and hold harmless 0M, 0M's licensors and 0M Affiliates from any liability or damages arising from your conduct on 0M Services, including any Content that you contribute.

0M and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to 0M and/or its licensors in that matter.  This Section shall survive termination of this Terms of Service. 

18. Links to Third-Party Sites

0M Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  0M does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

19. General Terms

A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the 0M Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including 0M'senforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of 0M, and the remaining portions shall remain in full force and effect.

C. Waiver.  The failure of 0M to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by 0M.

D. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with 0M or relating in any way to your Account(s) or your use of 0M Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving 0M or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside in the Republic of Korea: (i) the laws of the Republic of Korea, excluding its conflict of law rules, govern the Terms of Sale; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating Terms of Sale shall be the Courts of the Republic of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts.  If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with 0M, arising out of or relating in any way to your Account(s) or your use of 0M Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below  including any claim involving 0M or 0M Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

20. Dispute Resolution By Binding Arbitration

The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than 0M’s last settlement offer to you (if any), 0M will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.

PLEASE R0MD THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Origin Account at Merchant User Services Trust Agreement.  In the unlikely event that 0M cannot resolve a concern to your satisfaction (or if 0M cannot resolve a concern it has with you after attempting to do so informally), then you and 0M agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and 0M expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  This Section covers any and all disputes between us (“Disputes”), including without limitation:

- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
To be continued..