Terms Of Service

Last Updated: 21st April, 2016

Please read these terms carefully before using this site. If you have entered into a separate written agreement with Omega software and/or Open Data Store for use of the Omega software and/or Open Data Store services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these terms of use.

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Open Data Store is still BETA, that means we are changing things on a daily basis. In other words: we would love that you experiment with a solution, but please dont do anything that is a long term for you, and please consult with us on any important step that you want to do with your portal or data.

Open Data Store reserves right to manage, enable, suspend and disable your open data portals depending on load, usage or other configuration details. Your data and your configurations wil be safe and saved, and you will be notified if such event occures. Odata Store is currently under development and there is no, explicit or implicit guarantee that we will keep your portals and associated data fully intact. We apologize for this one – but that is how ti goes with beta sites and anthing that is part of the Research and Development. But please expect amazing things once we launch.

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Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at http://www.omega-software.hr and http://www.odatastore.com (the “Site”). The Site is the property of Omega software Limited and/or Open Data Store Limited (“ODS”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ODS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ODS grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

Changes/Updates to the Site/Terms

ODS reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the Site, except as explicitly set forth in written agreements between ODS and its customers. ODS may make changes to the Content or the Site at any time without notice. ODS makes no commitment to update the Content or the Site. ODS reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ODS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

License to Use Content; Limits on Use

The Content on the Site is provided by ODS as a service to its customers and potential customers. As long as you comply with these Terms of Use, ODS hereby grants you the right to use the Content for informational purposes only.

Any other use, unless otherwise authorized in writing by ODS or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

You may use information on ODS products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by ODS for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks

The ODS name, the ODS logo, and the product names associated with the ODS service are service marks or trademarks of ODS.

Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.

You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of ODS or the respective owner.

Availability of Site

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will ODS or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and services of ODS or its suppliers that are not available in your location. Such references do not imply that ODS or its suppliers intend to make available such products, programs or services in your location.

Links with Other Sites

ODS is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. ODS may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to register (including setting up an ODS login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify ODS immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by ODS or any other user of or visitor to the Site due to someone else using your ODS login, password or registration.

You may not use anyone else’s ODS login, password or registration at any time without the express permission and consent of the holder of that ODS login, password or registration. ODS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

ODS’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view ODS’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

ODS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR–FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ODS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ODS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY ODS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ODS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE ODS WOULD NOT MAKE THE SITE AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ODS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.

Limitation of Liability

Except where, and to the minimum extent, prohibited by law, in no event will ODS be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if ODS has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold ODS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors’ fees), made against ODS by any third party due to, or arising out of, or in connection with, your use of the Site.

Violation of these Terms of Use

ODS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ODS’s rights or property, or the rights or property of visitors to, or users of, the Site, including ODS’s customers. ODS reserves the right at all times to disclose any information that ODS deems necessary to comply with any applicable law, regulation, legal process or governmental request. ODS also may disclose your information when ODS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ODS may preserve any transmittal or communication by you with ODS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if ODS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ODS, its employees, users of or visitors to the Site, and the public.

You agree that ODS may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site (including revoking logins and passwords) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ODS, for which monetary damages would be inadequate, and you consent to ODS obtaining any injunctive or equitable relief that ODS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ODS may have at law or in equity.

You agree that ODS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If ODS does take any legal action against you as a result of your violation of these Terms of Use, ODS will be entitled to recover from you, and you agree to pay, all reasonable solicitors’ fees and costs of such action, in addition to any other relief granted to ODS. You agree that ODS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the Republic of Croatia. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and solicitors’ fees. In the event of any controversy or dispute between ODS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Export Control

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, Republic of Croatia export laws and regulations.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ODS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ODS with respect to such use are hereby superseded and cancelled. ODS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ODS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ODS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ODS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.