Thank you for using OMGYes! OMGYes is created by For Goodness Sake LLC. (“we”). These Terms of Service (“TOS”) govern the use of OMGYes online at OMGYes.com and on mobile devices (collectively, “OMGYes”).
OMGYes provides videos, images, graphics, text and interactive simulations to be used by responsible adults, to inspire and offer insight. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This need not be your primary email address - just an account where you can receive necessary transactional emails.
Some OMGYes features either now or in the future may allow you to post or submit content and materials for publication on OMGYes (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer OMGYes or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
The videos, images, text and simulations on OMGYes.com are intended to be used by responsible adults, to inspire and offer insight. You must be at least 18 years of age to use this site.
You certify that the sexually explicit material on OMGYes.com is for your own personal use and you will not expose minors to the material. You certify that you desire to view and interact with sexually explicit material. You certify that you believe that masturbation and sexual acts between consenting adults are neither offensive nor obscene. The viewing, reading and downloading of sexually explicit materials does not violate the standards of your community, town, city, state or country. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material in this site. Furthermore this website nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on OMGYes.com, You are subjecting yourself and any business entity of which you have any legal or equitable interest to the personal jurisdiction of the State of California should any dispute arise at any time between this website and yourself and/or such business entity.
You've read and fully understand the above agreement, and you affirm and swear that viewing/downloading/receiving sexually explicit materials does not violate the standards of your community, that you won't make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.
OMGYes is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store OMGYes content in any form outside of OMGYes and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any OMGYes content. You agree that all videos, images, text, data and algorithms in our site and our simulation files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in OMGYes. All intellectual property rights in OMGYes are, as between you and For Goodness Sake LLC, the sole and exclusive property of For Goodness Sake LLC.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
We are providing you with access to OMGYes pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use OMGYes for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from OMGYes by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use OMGYes. For Goodness Sake LLC reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
OMGYes was made to move our culture forward and improve the lives of women, and we are proud of the trust our participants and our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:
Engaging in prohibited uses is grounds for immediate termination of your OMGYes account, and may also subject you to civil or criminal penalties.
You agree that use of OMGYes is at your own sole risk and that OMGYes is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, for goodness sake llc and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding OMGYes, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
For Goodness Sake LLC strives to maintain OMGYes on a commercially reasonable basis and cannot guarantee that you will have access to OMGYes at all times.
OMGYes is not a medical service and is not to be used for the purpose of seeking, and OMGYes is not providing, medical treatment or advice.
In no event shall For Goodness Sake LLC or its affiliates, officers and/or employees be liable with respect to OMGYes for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to OMGYes; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of OMGYes; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between For Goodness Sake LLC and you. You understand that OMGYes would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on OMGYes, you may contact our designated agent by email to email@example.com or at the following address:
For Goodness Sake LLC DMCA Complaint
ATTN: Stacie J, Arnold + Porter, 10th Floor, Three Embarcadero Center, San Francisco, CA 94111-4024
You must include the following information in your complaint:
You will indemnify and hold harmless For Goodness Sake LLC, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to OMGYes, Your Content, or the violation of the TOS by you.
Release. You agree that For Goodness Sake LLC and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("released parties"), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys' fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Limitation of Liability. You expressly agree as a condition of using the site that For Goodness Sake LLC and its directors, officers, employees, contractors, agents or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall For Goodness Sake LLC have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Notices. For Goodness Sake LLC may deliver notice to you under this Agreement or any other published policy on the Site by email or a general notice published on the Site. For Goodness Sake LLC will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email or by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: ATTN: Stacie J, For Goodness Sake LLC, Arnold + Porter, 10th Floor, Three Embarcadero Center, San Francisco, CA 94111-4024
CLASS ACTION WAIVER. YOU AND FOR GOODNESS SAKE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH FOR GOODNESS SAKE LLC THAT NEITHER YOU NOR FOR GOODNESS SAKE LLC WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR FOR GOODNESS SAKE LLC WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the TOS are governed by California law without regard to conflict of law provisions. Except to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, California as the legal forum for any dispute between them.
(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on OMGYes or by posting an updated TOS on OMGYes at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of OMGYes following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by For Goodness Sake LLC on OMGYes, the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the TOS.
In compliance with the 18 U.S.C. § 2257 rules and regulations, all people appearing on this website were over the age of eighteen years at the time of recording, photography or any visual media appearance. All the records required pursuant to 18 U.S.C. section 2257 and 2257(A) and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records:
2257SENTRY.COM, LLC 50 DIVISION STREET, SUITE 501 SOMERVILLE, NEW JERSEY 08876
You are not required to create an OMGYes account to gain access to many areas of OMGYes. If you do create an account, we ask for certain information to process your registration, including an email address and password. If you purchase an account, our payment processor, Braintree (a PayPal company), requests additional information, including your full name and payment method details. We do not receive or store that payment information.
In addition to the information you provide to us, when you use OMGYes, you may automatically submit information about the computer, mobile device, or other devices you use to access OMGYes and about how you use OMGYes. For example, we receive data about the device and browser you are using. We may also receive information such as your language, operating system, device branding and model, the date and time of your visit, the pages you view and the website from which you clicked on a link to OMGYes. We do this to improve the services we offer you.
The third-party analytics companies with whom we partner, including Google and Segment, may place a unique cookie or utilize similar technologies on your browser in order to collect non-personal information about your visits to OMGYes.
We use your information to operate and provide you with OMGYes. This includes, but is not limited to:
You can opt out of receiving marketing emails by following the unsubscribe instructions included in each email, but we reserve the right to email you to confirm transactions or to address account issues, such as when you make a purchase, when your password is reset or you contact customer support.
We also reserve the right to use non-personal information (e.g., de-identified or aggregate data) for any purpose. In these situations, all data is disclosed either in aggregate form or with information that can identify you removed.
We believe in protecting your privacy, and therefore do not provide your personal information to third parties for their marketing purposes.
We may share your personal information only in the following ways:
We may disclose your information when we have a good faith belief we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism. We may also disclose your information when we have a good faith belief that disclosure may prevent fraud and abuse of OMGYes or its users or protect our property rights.
Consent. We may disclose your information when we believe we have your consent to do so, such as when you contact customer support and ask us about your account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your account.
We have implemented and maintain reasonable security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. For example, when you enter sensitive information on forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it, including 256 bit encryption. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security. If you have any questions about security on our website, please contact us at firstname.lastname@example.org
If you access OMGYes outside of the United States, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.
Links to third party websites. Our website may include links to other sites that may collect personal information, and whose privacy practices may differ from those of For Goodness Sake LLC. We encourage you to review their privacy policies.
We allow you to refer your friends to OMGYes and send OMGYes as a gift, either by manually entering their email addresses or by giving a gift code by other means. If you choose to utilize these features, we’ll use and store the email addresses only for purposes of sending the gift emails you have requested.
Social Media Widgets. Our website may include social media features, such as Facebook and Twitter buttons. Such features may collect your IP address and information about the page you are visiting, and may set cookies to function properly. Your interactions with these features are governed by the privacy policies of the company providing them.
We do not track our customers’ personal information over time and across third-party websites to provide targeted advertising and therefore do not respond to "Do Not Track" (DNT) signals.