Our postal address is
24384 Sunnymead blvd Ste. 220D Moreno Valley, CA 92553
We can be reached via e-mail at email@example.com
or you can reach us by telephone at 1-800-616-1096
"Claim" shall mean any demand, complaint, request for redress, assertion of a cause of action or other claim whatsoever.
"Confidential Information" shall mean all Content relating to, used in or arising out of Omni Theme's business, finances or other operations and held by, owned, licensed, or otherwise possessed by Omni Theme (whether held by, owned, licensed, possessed or otherwise existing in, on or about Omni Theme's offices, residence(s) or facilities and regardless of how such Content came into being, as well as regardless of who created, generated or gathered the Content), including, without limitation, all Content contained in, embodied in (in any Media whatsoever) or relating to Omni Theme's ideas, creations, works of authorship, works of visual art, business documents, Contracts, licenses, business and non-business relationships, correspondence, operations, manuals, performance manuals, operating data, projections, bulletins, supplier and customer lists and data, sales data, cost data, profit data, strategic planning data, financial planning data, designs, logos, motifs, proposed trademarks or service marks, test results, product or service literature, product or service concepts, manufacturing or sales techniques, process data, specification data, know-how, show-how, Software, data bases, research and development information and data; provided, however, that "Confidential Information" shall not include information or data "generally publicly known". The phrase in the previous sentence "generally publicly known" shall not be deemed to include the Content set forth in patents despite the fact that patents have been published by the federal government, unless such embodiment has otherwise been the subject of a publication for general public consumption (other than publication as a patent) or if that embodiment is otherwise utilized generally by Persons in the United States of America in the industry or market within which Omni Theme competes. All provisions protecting "Confidential Information" in the Agreement shall be deemed to also protect Omni Theme's Trade Secrets as well, but references to Omni Theme's Trade Secrets shall not be deemed to automatically refer to "Confidential Information."
"Content" shall mean all material, information, documents, matter, text, Software, data, graphics, computer-generated displays and interfaces, images, photographs, music, music compilations, combination of vocal and/or instrumental sounds, and works of whatsoever nature, including, without limitation, all compilations of the foregoing and all results and/or derivations of the expression of the foregoing.
"Content Prohibition" shall have the meaning attributed to such term as set forth in Section 2.5 of the Agreement.
"Contract" shall mean all agreements, contracts, understandings, undertakings, obligations, and other documents or matters where there is or was an agreement to be bound.
"Control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any Person, or the power to veto major policy decisions of any such Person, whether through the ownership of voting securities, by Contract, or otherwise.
"Develop" shall mean develop, conceive, discover, reduce to practice, create, or otherwise arise out of a Person's efforts in any manner whatsoever and through any means whether now known or hereafter developed.
"Domain Name" shall mean www.plurlife.com and any related domain including, at a minimum, the following: www.plurliferadio.com; www.plurshop.com; www.plurstore.com; and www.cafepress.com/plurstore.
"Effective Date" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Encumber" shall mean to impose a security interest, pledge, hypothecation, lien, mortgage, or any other encumbrance of whatsoever nature.
"Exploit" shall mean to use, make, sell or otherwise exploit in any manner whatsoever (through any means now known or hereafter Developed).
"Governmental Authority" shall mean any federal, state, county, municipal or other sovereign entity or jurisdiction, as well as all subdivisions, agencies and authorities therein.
"Indemnified Parties" shall have the meaning attributed to such term as set forth in Section 10 of the Agreement.
"Intellectual Property" shall mean all foreign, federal, state, and common-law trademarks, service marks, domain names, Internet path names and addresses of whatsoever nature, trade dress, copyrights, patents, Inventions (whether or not patentable), mask works, proprietary data, Trade Secrets, Confidential Information, all other intangible assets of whatsoever nature and all applications for registration and/or issuance with respect to all the foregoing and whether or not any of the foregoing is registerable or patentable, including, without limitation, with respect to all of the foregoing: (i) all goodwill associated with any and all of the foregoing; (ii) all parents, continuations, continuations in part, divisionals, reissues and extensions; and (iii) all moral rights associated with any and all of the foregoing.
"Inventions" shall mean any idea, invention, technique, modification, process, or improvement (whether patentable or not), any industrial design (whether registerable or not), and any work of authorship (whether or not copyright protection may be obtained for it).
"Losses" shall mean any and all damages, liabilities, costs, expenses, fees (including, without limitation, attorneys', accountants', investigators', witnesses' and professionals' fees), charges, expenditures, liabilities, damages and other losses of whatsoever nature.
"Manifestation of Assent" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Media" shall mean print, document-based medium, television, facsimile, telex, telephony, radio, satellite, cable, wire, computer-based network, network, magnetic means, optical means, electronic means, Internet, intranet, Software, compact and laser disc, digital video displays, video cassettes, and multi-media and any other method (now known or hereafter Developed) for the publication, retention, conveyance, possession or holding of Content.
"Member" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Member Content" shall mean any Content that Member Publishes, in association with the Website Content, or otherwise provides to Omni Theme, whether directly or indirectly.
"Member Profile Content" shall have the meaning attributed to such term as set forth in Section 2.5 of the Agreement.
"Membership License" shall have the meaning attributed to such term as set forth in Section 2.1 of the Agreement.
"Non-commercial Purposes" shall mean informational, personal and/or otherwise non-commercial purposes.
"Omni Theme" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Omni Theme's Intellectual Property" shall mean the Intellectual Property owned, held, used or licensed by Omni Theme, including, without limitation, all Intellectual Property in and to the Website Content.
"Omni Theme License" shall have the meaning attributed to such term as set forth in Section 6.4 of the Agreement.
"Omni Theme's Trade Secrets" shall mean Trade Secrets owned, held, used or licensed by Omni Theme.
"Parties" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Party" shall have the meaning attributed to such term as set forth on page 1 of the Agreement.
"Person" shall mean any natural person, corporation, limited liability company, limited partnership, partnership trust, association, organization or other entity of whatsoever nature.
"Plurlife Members" shall mean any and all Persons who have indicated a Manifestation of Assent to the Agreement, including, without limitation, Member.
"Prohibited Content" shall mean any Content that Omni Theme determines, in Omni Theme's sole and absolute discretion, to be inappropriate, offensive, and/or inappropriate, including, without limitation, the following: (1) Content that is patently offensive, promotes, or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual; (2) Content or conduct that is harassment, or advocates harassment of another Person; (3) Content or conduct that exploits people in a sexual or violent manner; (4) Content or conduct that contains nudity, excessive violence, offensive subject matter, or contains a link (dead or live) to an adult website; (5) Content or conduct that solicits or is designed to solicit personal information from anyone under 18 years of age; (6) Content or conduct that publicly posts information that poses or creates a privacy or security risk to any Person; (7) Content or conduct that involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming or spamming; (8) Content or conduct that furthers or promotes any criminal activity, enterprise, or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, violating a Person's privacy, or providing or creating computer viruses; (9) Content or conduct that involves commercial activities and/or sales without the prior written consent from Omni Theme; (10) Content that includes, without limitation, photography and/or video recording of another Person that Member has posted without that Person's consent; (11) Content or conduct that is criminal or tortious in nature (e.g., child pornography, fraud, trafficking, etc.); (12) Content or conduct that involves the use of viruses, bots, worms, or any other computer code, file, or program that interrupts, destroys, or limits the functionality of any Software or computer hardware, or otherwise permits the unauthorized use of or access to a computer or computer network; (13) Content or conduct that is defamatory, disparaging, and/or fraudulent; (14) Content or conduct that would be offensive to Plurlife Members generally; and (15) Content or conduct that is inconsistent with any and all applicable law or the Agreement.
"Prohibition Event" shall have the meaning attributed to such term as set forth in Section 6.9 of the Agreement.
"Publish" shall mean to make known or otherwise disclose, display, present, communicate, convey, or transfer, whether to one Person or more than one Person, and whether or not for the first time.
"Representatives" shall mean all shareholders, directors, officers, employees, agents, representatives, attorneys, and accountants either holding equity in, retained by, employed by, commissioned by or otherwise Controlled by a subject Person.
"Section" shall be deemed a reference to an enumerated provision of the Agreement.
"Software" shall mean source code, object code, executable code, or other program or code format whatsoever, whether now known or hereinafter developed.
"Trade Secrets" shall mean all methodologies (subject to same being the subject of an issued patent), pricing strategies, marketing approaches and other Confidential Information that Omni Theme reasonably informs (whether orally or in writing) the Member from time to time is a trade secret, as well as other Confidential Information reasonably the subject of trade secret protection under relevant and applicable state statutes (including, without limitation, the Uniform Trade Secrets Act as enacted and promulgated from time to time in Nevada).
"Visitor" shall mean any Person who accesses, in any way, the Website Content who is not otherwise a Plurlife Member.
"Website Content" shall mean the Content accessible, displayed, conveyed through or otherwise discernible from the Domain Name from time to time.
"Website Software" shall mean Software associated with any and all of the Website Content.