Terms of Service

The gist:

We (the folks at Omerta Beyond) run a website, some Application programming interfaces (APIs), IRC bots and a browser extension. Omerta Beyond’s service is free. Our service is designed to give you as much control and ownership over what you post as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on our website. If you find a Omerta Beyond user that you believe violates these Terms of Service, please contact us.

(These Terms of Service have been adapted from Automattic and are available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don’t mind we’d appreciate a link to Automattic somewhere on your website.)

Terms of Service:

The following terms and conditions (“Terms”) govern all use of the Omerta Beyond website and all content, services, and products available at or through the website and our other services, including, but not limited to, our Application programming interfaces (APIs), IRC bots (“NoobSurv” and “pyNoobSurv”), and the Omerta Beyond browser extension (“OBv2”), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Omerta Beyond’s Privacy Policy) and procedures that may be published from time to time by Omerta Beyond (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Omerta Beyond, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Use of our Services requires a Omerta Beyond account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Omerta Beyond.

• Your Omerta Beyond Account. If you create an account on Omerta Beyond, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Omerta Beyond of any unauthorized uses of your account, or any other breaches of security. Omerta Beyond will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Responsibility of Contributors. If you post an article, comment on an article, post material to Omerta Beyond, post links on Omerta Beyond, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Omerta Beyond, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to Omerta Beyond for inclusion on our website, you grant Omerta Beyond a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content on our website. This license allows Omerta Beyond to make publicly-posted content available to third parties selected by Omerta Beyond (for example through RSS or search engines) so that these third parties can analyze and distribute your content through their services. You also give other Omerta Beyond users permission to share your Content and add their own Content to it (aka to quote your Content or respond to it, either on our website or on other, third-party services), so long as they use only a portion of your post and they give you credit. If you delete Content, Omerta Beyond will use reasonable efforts to remove it from Omerta Beyond, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Omerta Beyond has the right (though not the obligation) to, in Omerta Beyond’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Omerta Beyond’s reasonable opinion, violates any Omerta Beyond policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Omerta Beyond to any individual or entity for any reason. Omerta Beyond will have no obligation to provide a refund of any amounts previously paid.
• Web Traffic. We use a third party, Google Analytics, to measure Omerta Beyond’s audience and usage.

2. Application programming interfaces (APIs).

• Description. Our APIs provide real-time and historical access to game data and statistics of the game Omerta. This data is published by Omerta Publishing Limited in accordance with their Privacy Policy.
• Third-Party Users. Our APIs are publicly accessible and thus data provided by the APIs may be used in third-party services. Such uses are subject to our Privacy Policy.

3. IRC Bots.

• Description. We develop and operate IRC bots that provide the following features:
  • Access to Game Data and Statistics; for example showing a player’s rank
  • User and Access management; for example adding users to the access list for a channel
  • Third-Party integrations; for example allowing the use of services like Google via special commands

4. Browser Extension.

• Description. We develop and release a browser extension (in the form of a web browser user script) that improves various game features of the online browser game Omerta, released by Omerta Publishing Limited.
• Disclaimer. Software that automatically or semiautomatically engages in gameplay in Omerta are prohibited under Omerta Publishing Limited’s Terms of Service. Omerta Beyond will make a reasonable effort to avoid releasing browser extension features that could be categorized as such, but we release our browser extension without any warranty and are not responsible for any damage you might encounter while using the extension.

5. Responsibility of Visitors.

Omerta Beyond has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Omerta Beyond does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Omerta Beyond disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Omerta Beyond links, and that link to Omerta Beyond. Omerta Beyond does not have any control over those non-Omerta Beyond websites, and is not responsible for their contents or their use. By linking to a non-Omerta Beyond website, Omerta Beyond does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Omerta Beyond disclaims any responsibility for any harm resulting from your use of non-Omerta Beyond websites and webpages.

7. Copyright Infringement and DMCA Policy.

As Omerta Beyond asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Omerta Beyond violates your copyright, you are encouraged to notify Omerta Beyond in accordance with the Digital Millennium Copyright Act (“DMCA”). Omerta Beyond will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Omerta Beyond will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Omerta Beyond or others. In the case of such termination, Omerta Beyond will have no obligation to provide a refund of any amounts previously paid to Omerta Beyond.

8. Intellectual Property.

This Agreement does not transfer from Omerta Beyond to you any Omerta Beyond or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Omerta Beyond. Omerta Beyond, the Omerta Beyond logo, and all other trademarks, service marks, graphics and logos used in connection with Omerta Beyond or our Services, are trademarks of Omerta Beyond or Omerta Beyond’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Omerta Beyond or third-party trademarks.

9. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

10. Termination.

Omerta Beyond may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Omerta Beyond account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties.

Our Services are provided “as is.” Omerta Beyond and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Omerta Beyond nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Austria and the European Union, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Vienna, Austria.

13. Limitation of Liability.

In no event will Omerta Beyond, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Omerta Beyond shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty.

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Austria and the European Union or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

15. Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable Sanctions enacted by the European Union or Austria. Such use is prohibited, and Omerta Beyond reserves the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification.

You agree to indemnify and hold harmless Omerta Beyond, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

17. Miscellaneous.

This Agreement constitutes the entire agreement between Omerta Beyond and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Omerta Beyond, or by the posting by Omerta Beyond of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Omerta Beyond may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.